Madasamy Mahesh v. The Inspector Of Police

CRL OP(MD). No.9891 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.9891 of 2023 Madasamy Mahesh ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City.

Cr.No.338/2022.

... Respondent/Complainant For Petitioner : M/s.B.Anandan, 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.338/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(A), 29(1) and 25 of NDPS Act, 1985 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.338 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 14.12.2022, based on the secret information, the respondent police along with his team went to the Tirunelveli Junction Madurai Road, near MDT School at about 14.15 hours and found that three persons were standing in the Two Wheelers bearing Reg.No.TN-72-CA-5715 and TN-72-BT-9316. On seeing the police, the said persons tried to escape from the place. The police party apprehended two persons, namely, Karthikeyan and Esakki. Based on their confession, the respondent police registered the present case against the petitioner and other accused. Further, the respondent police recovered 44 grams of Ganja from the accused persons. Hence, the case.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.9891 of 2023 3.Heard. Perused the materials available on record including the First Information Report.

4.It is seen that there are four accused involved in this case, in which, the petitioner is arrayed as A3. A1 and A2 were found in possession of 44 grams of Ganja. Though the petitioner has been implicated as an accused only on the confession of A1 and A2, the petitioner has also involved in four previous cases, out of which, two cases are similar in nature. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. 5.In the result, the petition stands dismissed. sd/- 07/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE INSPECTOR OF POLICE, TIRUNELVELI JUNCTION POLICE STATION, TIRUNELVELI CITY.

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

ORDER

IN CRL OP(MD) No.9891 of 2023 Date :07/06/2023 RS/BUC/SAR-(13.06.2023) 2P 3C https://www.mhc.tn.gov.in/judis 2/2