Durai v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9219 of 2016 DURAI ... PETITIONER/ACCUSED Vs STATE REP BY THE SUB INSPECTOR OF POLICE PERUMALPURAM POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO. 34 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S P.T.RAMESH RAJA 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, who is arrayed as Accused No.4, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of NDPS Act, in Crime No.34 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 15.01.2016, when the police party was conducting a raid, the first accused has been found in possession of 2 Kg of ganja and he was arrested and based on his confession, case has been registered and the petitioner and other accused were arrayed as accused.

3.The case of the petitioner is that he is an innocent person and he has not committed any offence as alleged by the prosecution. The occurrence took place on 15.01.2016. The petitioner was not even present at the time of occurrence. He is only a driver. Accused Nos.1 and 2 were granted bail by the Trial Court in Cr.M.P.No.406 of 2016 on 24.02.2016.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that A.3 is still absconding and the anticipatory bail petition filed by him was dismissed and investigation is pending.

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5.Considering the facts and circumstances of the case and also considering the fact that the anticipatory bail petition filed by A.3 was already dismissed and also considering the serious nature of allegation levelled against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly this petition is dismissed.

sd/- 14/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE PERUMALPURAM POLICE STATION,TIRUNELVELI DISTRICT. 2 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9219 of 2016 Date :14/06/2016 AA/SKS-KN/SAR-I/20.06.2016/2p-3c https://hcservices.ecourts.gov.in/hcservices/