Sinthamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8047 of 2021 Sinthamani ... Petitioner/Accused No.2 Vs State Represented by The Inspector of Police, NIB CID Police Station, Nagapattinam District.

(Crime No.16 of 2021). ... Respondent/Complainant For Petitioner : Mr.Malaiyendran V, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.16 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(c), 24(b)(ii)(B)of NDPS Act, in Crime No.16 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 15.06.2021 at about 7 a.m., on the basis of private information received, the respondent police found the accused near Avurithidal and apprehended him, the police explained his right to be searched in the presence of Judicial Magistrate or gazetted officer. The accused expressed his willingness to be searched by the police party. Accordingly, the search was conducted and the police found in possession of 1.200 Kgs of Ganja in white polythin bag. During the course of investigation, the respondent police found from the confession statement of One Moorthy that the accused Sindhamani had also involved in selling the Ganja. Hence, the case came to be registered. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and the petitioner has been falsely implicated in the present case and hence, he seeks anticipatory bail.

4.The learned Government Advocate (Crl.Sice), appearing for the respondent strongly opposed this petition on the ground that the investigation is not completed. He further submitted that the petitioner has one previous case in CR.No.01/2021 on the file of NIB CID Nagapattinam.

5. Considering the facts and circumstances of the case and also of the fact that one previous case is pending against the petitioner relating to NDPS Act, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 30/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tta 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 INSPECTOR OF POLICE, NIB CID POLICE STATION, NAGAPATTINAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.8047 of 2021 Date : 30/06/2021 VB/JC/SAR.I/05.07.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/