A.Senthil v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/05/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD).No.7065 of 2021 A.Senthil, ... Petitioner/Accused NO.3 Vs The Sub Inspector of Police, S.S. Colony Police Station, Madurai District Crime No.297 of 2021.

... Respondent/Complainant For Petitioner : Mr.Loganathan, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in the Crime No.297 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(c) and 20(b)(ii)(B) of the NDPS Act, in Crime No.297 of 2021 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police. 3.The case of the prosecution is that on 11.05.2021 at about 03.45 p.m., when the defacto complainant along with police party, were engaged in crime prevention, they found the persons having possession of 1.900 kgs Ganja and the petitioner escaped from the scene of occurrence and arrested the first accused. The respondent police seized the contraband from the first accused and registered a case against the accused.

4.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and the petitioner has been https://hcservices.ecourts.gov.in/hcservices/

falsely implicated in the present case and hence, he seeks anticipatory bail.

5.The learned Additional Public Prosecutor would submit that 1.900 kgs of Ganja was seized from the first accused, who in turn, has given a confession statement stating that it was supplied by the present petitioner and therefore, the custodial interrogation of the petitioner is necessary.

6.Considering the above facts and circumstances and considering the quantum of contraband seized and the submission of the learned Additional Public Prosecutor, the custodial interrogation of the petitioner is necessary, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this petition is dismissed.

sd/- 26/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

Sm TO 1 THE SUB INSPECTOR OF POLICE S.S. COLONY POLICE STATION, MADURAI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.7065 of 2021 Date :26/05/2021 CN:SKN:SAR4(31.05.2021)3P C3 https://hcservices.ecourts.gov.in/hcservices/