Gubendiran v. The Inspector Of Police

CRL OP(MD).No.11916 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/11/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD).No.11916 of 2020 Gubendiran

...Petitioner/Accused No.2

Vs State Rep.by The Inspector of Police, Alanganallur Police Station, Madurai District.

(In Crime No.1765 of 2020)

...Respondent/Complainant

For Petitioner : Mr.P.Ganapathi Subramanian, Advocate.

For Respondent : Mr.KR.Bharathikannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.1765 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A2, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 8(c) r/w 20(b)(ii)(B)of Narcotic Drugs & Psychotropic Substances Act, 1985, and Sections 4(1)(a) and 4(1)(a) and 4(1)(i) of Tamil Nadu Prohibition Act, in Crime No.1765 of 2020, on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that on 13.10.2020, the first accused was selling Ganja and liquor bottles near Periya Oorseri. Hence, the case has been registered.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that only based on the confession of A1, this petitioner has been falsely implicated in this case. He further submitted that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD).No.11916 of 2020 petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

5.The learned Government Advocate (Crl.Side), on instructions, submitted that this petitioner is arrayed as A2. This petitioner and other accused persons are in possession of 1.100 kgs of Ganja. He further submitted that the petitioner is also having five previous cases similar in nature under NDPS Act, and he strongly opposed to grant anticipatory bail to the petitioner.

6.Considering the above facts and circumstances of the case and considering the fact that the petitioner and other accused persons are in possession of 1.100 kgs of Ganja and bad antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, the Criminal Original Petition stands dismissed. sd/- 03/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11916 of 2020 Date :03/11/2020 MS/SMA/SAR-3/18.11.2020/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2