← Library
Madras High CourtCRL OP(MD)/9625/2022dismissed

A. Deivendran v. The Inspector Of Police

2022-09-29Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.9625 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.9625 of 2022 A. Deivendran, ... Petitioner/2nd Accused Vs State Rep.by The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

(Crime No. 108 of 2022).

... Respondent/Complainant For Petitioner : Mr.S. Poornachandran, 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. 108 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 8(c), 20 B (ii)(b) and Section 25 of the Narcotic Drugs Psychotropic Substance Act, in Crime No.108 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused were found in illegal possession of 6 kgs of Ganja. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner was affected by Polio and he is not at all present in the occurrence place and there was no recovery from him. He would further submit that based on the confession statement of the first accused in this case, the petitioner has been implicated and he is https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.9625 of 2022 an innocent person and he did not commit any offence as alleged by the prosecution. Hence, the petitioner may be granted bail.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the first accused has already been detained under Act 14 of 1982 and the petitioner is having 7 previous cases, out which, five cases are similar in nature and investigation is not yet completed. Hence, he strongly opposed to grant bail to the petitioner.

5. Considering the nature and gravity of offence and also considering the conduct and bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 29/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cp 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 NAGAMALAI PUDUKOTTAI POLICE STATION, MADURAI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9625 of 2022 Date :29/09/2022 PKP/GB/SAR /10.10.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2