Madras High CourtCRL OP(MD)/9023/2022dismissed

Mathan v. The Sub Inspector Of Police

2022-09-16Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.9023 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved On : 14.09.2022 Pronounced On : 16.09.2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.9023 of 2022 Mathan ... Petitioner/Accused No.5 Vs The State rep.by The Sub Inspector of Police, Kurumbur Police Station, Thoothukudi District.

(Crime No.72 of 2022).

... Respondent/Complainant For Petitioner : M/s.MUNIYANDI.S, Advocate.

For Respondent : Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.72 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A5, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act in Crime No.72 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 1.250 kgs of Ganja. Hence, the complaint.

3.On the side of the petitioner, it is stated that the petitioner is innocent and based on the confession statement of the co-accused, the petitioner has been implicated in this case and no recovery was made from him and prayed the petitioner to be released on bail.

4.On the side of the prosecution, it is stated that the petitioner and other accused were in possession of 1.250 kgs of Ganja illegally. It is further stated that the petitioner is having one previous case, which is similar in nature and prayed the petition to be dismissed.

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CRL OP(MD). No.9023 of 2022 5.Considering the seriousness and gravity of the offence alleged and also considering the fact that the petitioner is having one previous case similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 16/09/2022 / TRUE COPY / /09/2022 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.

TO 1 THE SUB INSPECTOR OF POLICE, KURUMBUR POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9023 of 2022 Date :16/09/2022 SJI SA/SVR/SAR.2/20.09.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2