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Madras High CourtCRL OP(MD)/12866/2021dismissed

Gopi @ Gopidurga v. The Inspector Of Police

2021-10-20Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.12866 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.12866 of 2021 Gopi @ Gopinathdurga ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Palani Taluk Police Station, Dindigul District.

(Crime No.678 of 2021) ... Respondent/Complainant For Petitioner : MR.M.Ganeshkamu, 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.678 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 alleged offences punishable under Section 8(c) and 20(b)(ii)(B) of NDPS Act, 1985 in Crime No.678 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused were found in illegal possession of 1.450 Kg of Ganja. Therefore, the present case came to be registered against the petitioner.

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, he is an innocent person and he has been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that after getting interim order from this Court, the petitioner did not appear before the respondent police for enquiry. He would further submit that apart from this case, the petitioner has involved in the following crimes:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12866 of 2021 1.Cr.No.756 of 2020 under Sections 151 of Cr.P.C and 7(1) (a) of CLA Act.

2.Cr.No.398 of 2018 under Sections 147, 148, 302, 447 of IPC @ 302, 447 of IPC.

3.Cr.No.167 of 2019 under Sections 387 and 506(ii) of IPC. 4.Cr.No.1523 of 2020 under Sections 147, 365, 323, 364(A) of IPC.

5.Cr.No.280 of 2017 under Sections 38 and 9 of TNG Act. 6.Cr.No.1187 of 2015 under Sections 387, 5069ii) of IPC. 7.Cr.No.75 of 2019 under Section 12 of TNG Act. 8.Cr.No.678 of 2021 under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act.

He would further submit that the petitioner is a history sheet rowdy, apart from the aforesaid crimes, he has also involved in several other cases and those details are yet to be furnished by the Investigating Agency.

4.Considering the nature of the offence and also considering the conduct and bad antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. 5.Accordingly, 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.

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 PALANI TALUK POLICE STATION, DINDIGUL DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12866 of 2021 Date :20/10/2021 CP MK/SKN/SAR.II/29.10.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2