Madras High CourtCRL OP(MD)/9437/2024dismissed

Thandapani v. The Inspector Of Police

2024-06-27Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Thandapani ... Petitioner/Accused No.2

Versus

The State Rep. by The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

(Crime No.242/2024) ... Respondent/Complainant For Petitioner : Mr.S.Sivaprakash Advocate For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.242 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.242 of 2024, for the offence under Section 8(c) 1/3

r/w. Section 20(b)(ii)(B), 29(1), 25 of Narcotic Drugs and Psychotropic Substances Act, 1985, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that on 24.06.2024, at about 5.00 a.m., the respondent police, based on the secret information, went to the spot and on seeing the police, the accused persons escaped from the scene of occurrence. However, the respondent police caught hold the first accused, from whom, they recovered 2 kgs. 300 grams of ganja.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that only based on the confession statement of the first accused, the petitioner has been implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor opposes for grant of anticipatory bail on the ground that the petitioner is having two previous cases, out of which, one case is similar in nature. He further submits that A1 was arrested with the contraband and the two-wheeler, bearing Reg.No.TN57 BA 3771, used for 2/3

commission of offence, was also seized by the respondent. According to him, the said two-wheeler belongs to the petitioner.

5. Considering the nature of offence and also considering the antecedent of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 27/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO 1 THE INSPECTOR OF POLICE PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9437 of 2024 Date :27/06/2024 SS/JGB/SAR- /12/07/2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3