Sinthamani v. The Inspector Of Police

CRL OP(MD). No.12525 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.12525 of 2021 Sinthamani ... Petitioner / Accused No.2 Vs State Rep. By The Inspector of Police, NIB-CID, Nagapattinam.

(Cr.No.16 of 2021) ... Respondent / Complainant For Petitioner : M/s. Kumaravel.K, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 16 of 2021 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 alleged offences punishable under Sections 8(C) and 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.16 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the accused persons were found in illegal possession of 1.200 Kg of Ganja. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner has been arrayed as accused based on the confession statement of the co-accused and that no contraband has been recovered from the petitioner.

4.The learned Additional Public Prosecutor for the respondent strongly opposed to grant anticipatory bail to the petitioner on the ground that the petitioner is having one case of similar in nature. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the fact that, apart from the confession

CRL OP(MD). No.12525 of 2021 statement of co-accused, no other material is available against the petitioner, this Court by an earlier order dated 24.09.2021, granted interim protection to the petitioner enabling him to appear before the respondent police upto 04.10.2021 and co-operate for the enquiry and also directed the respondent police to file a report before this Court on the next hearing.

6.Today i.e on 20.10.2021, when the matter is taken up for hearing, the respondent Police has filed a status report before this Court, wherein it is stated that despite the earlier order of this Court, the petitioner did not appear before the respondent police for enquiry.

7.Considering the conduct and attitude of the petitioner in obtaining an interim order of protection by making submission that he would co-operate for the enquiry and thereafter not taking any steps to appear before the respondent police, this Court is not inclined to grant anticipatory bail to the petitioners. 8.Hence, this Criminal Original Petition is dismissed. sd/- 20/10/2021 / TRUE COPY / / /2021 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, NIB-CID, NAGAPATTINAM.

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

ORDER IN CRL OP(MD) No.12525 of 2021 Date :20/10/2021 https://hcservices.ecourts.gov.in/hcservices/ SB/SKN/SAR-III/29.10.2021/2P/3C