M. Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.6273 of 2016 M. PANDI ... PETITIONER/ACCUSED NO.4 Vs STATE REP.BY THE INSPECTOR OF POLICE NIB-CID, RAMANATHAPURAM.

CRIME NO. 22/ 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.VENKATESWARAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.4, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 8(c) r/w 20(b)(ii)(c), 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, in Crime No.22 of 2016, on the file of the respondent police, seeks anticipatory bail. 2.The learned counsel for the petitioner submitted that the petitioner is arrayed as fourth accused in this case and he has not committed any offence as alleged by the prosecution and he has no way connected with the alleged offence. Hence, the learned counsel prays that the petitioner may be enlarged on anticipatory bail.

3. The respondent has filed a counter-affidavit stating that the petitioner is involved in the offence and his interrogation is necessary and if he is released on anticipatory bail, he will tamper the witnesses and the petition has to be dismissed.

4. Admittedly, in this case, the police seized 100 kilograms of Ganja from the accused. According to the confession of the first accused-Thangapandi, a copy of which was produced by the learned counsel for the petitioner, the vehicle involved in the offence belongs to him, but whereas, in the counter filed by the respondent, it was specifically stated that the vehicle belongs to the https://hcservices.ecourts.gov.in/hcservices/

petitioner herein/A-4. Therefore, considering the quantity of contraband involved in the case and the corroboration regarding the ownership of the vehicle and also the investigation is at the nascent stage, this Court is not inclined to grant anticipatory bail to the petitioner, since custodial interrogation of the petitioner is necessary in this case and accordingly, the petition is dismissed.

sd/- 21/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, NIB-CID, RAMANATHAPURAM. 2 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

SML CSL/SKS-RR/SAR-I/26.04.2016 :2P/3C

ORDER

IN CRL OP(MD) No.6273 of 2016 Date :21/04/2016 https://hcservices.ecourts.gov.in/hcservices/