Packiaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9753 of 2016 PACKIARAJ ... PETITIONER/ACCUSED NO.4 Vs THE INSPECTOR OF POLICE UCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO. 188/2015) ... RESPONDENT/COMPLAINANT For Petitioner : No Appearance For Respondent : M/S.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 offence punishable under Section 8(c) r/w 20(b) (ii)(C) of NDPS Act , in Crime No.188 of 2015, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on information, the respondent police went to coconut garden and they seized 45 bags each containing 2 kgs of ganja and totally 90 kgs of ganja was seized and the respondent police arrested the first accused on spot, who is the employee of the coconut garden. As per the statement of the first accused, the case has been registered against him and three other persons.

3.The case of the petitioner is that the petitioner is an innocent person and his name was not mentioned in FIR and subsequently, based on the confession statement of A.1, his names has been falsely implicated in this case.

4.The learned counsel for the petitioner submitted that on the date of occurrence on 08.10.2015, the petitioner was not in India and on that date, he was travelling from Trivandram to Sri Lanka and he returned only on 13.10.2015.

https://hcservices.ecourts.gov.in/hcservices/

5.The learned Government Advocate(Crl.side) filed a status report stating that on 08.10.2015, when the respondent police were patrolling along with their parties near the graveyard of Alaikathavalasai Seashore, they found some persons sitting in front of a house and on seeing the police party, they ran away and on examination, they were found in illicit possession of 45 bags of 2 kgs of ganja each wrapped in yellow colour polythene covers kept inside the house. Their confessions statements reveal that the ganja was procured from the petitioner and other accused and the petitioner and other accused are from Kerala and they brought to Uchipuli on night 06.10.2015 and hoarded illicitly with the assistance of A1 to A3 with an intent to smuggle the same within a short period. A.1 to A.

3 were already arrested and remanded to judicial custody and the petitioner is still absconding. The earlier petition for anticipatory bail filed by the petitioner in Crl.O.P(MD)No.20727 of 2015 was dismissed by this Court on 19.11.2015 and second petition for anticipatory bail in Crl.O.P(MD) No.2646 of 2016 was also dismissed as withdrawn on 08.03.2016 and there is no change of circumstance.

6.Considering the nature and gravity of the offence and the contraband was seized is commercial quantity and the earlier anticipatory bail petitions were dismissed by this Court and there is no change of circumstance, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly this petition is dismissed.

sd/- 06/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE UCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.9753 of 2016 Date :06/07/2016 SDR/AAL-MPA/SAR III/13.07.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/