Gangadeva v. The Inspector Of Police

CRL OP(MD). No.10284 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10284 of 2023 Gangadeva ... Petitioner/Accused No.1/Accused No.1 Vs State represented by, The Inspector of Police, Allinagaram Police Station, Theni District.

Crime No.621 of 2021.

... Respondent/Complainant/Complainant For Petitioner : Mr.K.K.SAMY, 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.621 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(c) of NDPS Act in Crime No.621 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 18.12.2021, at about 17.00 hours, based on secret information, the police party conducted search near Vallinagar Pandi Kovil. At that time, they found three persons carrying three plastic bags and seeing the police, one person escaped from the place and other two were apprehended by the police and they were in illegal possession of 21 kgs of Ganja. Hence, the case.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record including the First Information Report.

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

CRL OP(MD). No.10284 of 2023 4.Though this Court by order dated 05.04.2023, dismissed the petition filed by the petitioner in Crl.O.P(MD)No.6316 of 2023, on the ground that the petitioner is having six previous cases and in which, two cases are related to NDPS cases and he is a habitual offender. Even then, the petitioner filed this petition for anticipatory bail. Whenever the respondent approached the petitioner to secure him, he used to file a petition not to harass. Therefore, the custodial interrogation of the petitioner is very much required in this case. Accordingly, this Criminal Original Petition is dismissed with costs of Rs.5,000/- (Rupees Five Thousand Only) payable to the Legal Services Authority attached to this Bench. sd/- 14/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PS TO 1 THE INSPECTOR OF POLICE, ALLINAGARAM POLICE STATION, THENI DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.SAMY.K.K. Advocate SR.No.8892

ORDER

IN CRL OP(MD) No.10284 of 2023 Date :14/06/2023 SA/VR/SAR. /21.06.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2