Seenivasa Naidu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Tenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.6084 of 2016 SEENIVASA NAIDU ...PETITIONER/ACCUSED(RANK NOT KNOWN) Vs THE STATE REP.BY THE INSPECTOR OF POLICE NIBCID, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

CR. NO.25/2016 ...RESPONDENT/COMPLAINANT For Petitioner : M/S P.PONMANOHARAN Advocate For Respondent : M/S.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(c) r/w. 20(b)(ii)(c) of the NDPS Act, in Crime No.25 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 13.03.2016 at 4.15 hours on receiving information, the respondent Police went to the occurrence place along with other Police Constables at 5.30 hours and intercepted one Vehicle bearing Regn.No.TN 04 K 5778 and they found 32 bags of Kanja containing 2 kg totally 64 Kgs and immediately, a case has been registered for the above said offences.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is the owner of the vehicle and his name is not found in FIR. Further, he is permanent resident at Chennai and he has given the vehicle only for transporting Oil.

4. The learned Government Advocate (Crl.Side) submitted that the contraband seized is commercial quantity and the petitioner has given the wrong address in the petition and the driver of the vehicle has been arrested and he is still in custody. He further submitted that if the petitioner is granted anticipatory bail he will abscond and indulge in similar offence.

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5. Considering the facts and circumstances of the case and also considering the fact that the contraband seized in commercial quantity, , this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. sd/- 10/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, NIBCID, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

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

JA-SKS-RR-SAR.III/20.6.2016/2P-3C ORDER IN CRL OP(MD) No.6084 of 2016 Date :10/06/2016 https://hcservices.ecourts.gov.in/hcservices/