Daisan v. The Inspector Of Police

CRL OP(MD)No.13123 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 27.10.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.13123 of 2021 Daisan ... Petitioner / Accused No.4 Vs The state represented by The Inspector of Police, Vallam Police Station, Thanjavur.

(Crime No. 703/2021) ... Respondent / Complainant For Petitioner : Ms.A.Banumathy, 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.703 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order : The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(c) r/w 20(b)(ii)(c), 29(1) and 25 of NDPS Act, in Crime No.703 of 2021, seeks anticipatory bail.

2.The prosecution case is that the petitioner and other accused were found in illegal possession of the contraband - Ganja. Hence, the complaint.

3.Learned Counsel appearing for the petitioner submitted that the petitioner is an innocent and has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to co-operate for the investigation. 4.In view of the aforesaid submission made by the petitioner's Counsel, this Court, by order dated 05.10.2021, has granted interim anticipatory bail to the petitioner and directed him to appear before the respondent police and co-operate for the enquiry. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.13123 of 2021 5.Today, the learned Additional Public Prosecutor, on instructions, submitted that the petitioner neither appeared before the respondent police nor co-operated for the enquiry. Though one more opportunity was provided to him by this Court, the petitioner did not turn up for the enquiry.

6.In view of the conduct of the petitioner in obtaining an interim order of protection by submitting that he would co-operate for the investigation and thereafter, not complying with the same, this Court is not inclined to entertain this application. Accordingly, this criminal original petition stands dismissed. sd/- 27/10/2021 / 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 VALLAM POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.13123 of 2021 Date :27/10/2021 gk SS/PN/SAR-I/08.11.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2