Nithiya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.13472 of 2022 Nithiya ... Petitioner/Accused No.4 Vs State rep.by The Inspector of Police, Thirukuvalai Police Station, Nagapattinam District (Crime No.73 of 2022).

... Respondent/Complainant For Petitioner : Ms.Dhilipan Pandian.R.L, Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.73 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) and 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Cr.No.73 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused were found in possession of 2kgs of Ganja illegally. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner was implicated only on the basis of the confession given from A1 and he is innocent and he has not committed any offence as alleged by the prosecution.

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4.The learned Government Advocate (Crl. side) would submit that totally four accused involved in this case and A1 to A3 were already arrested and remanded to judicial custody. He would further submit that based on the confession statement of the co-accused, the petitioner has been arrayed as A4 in this case and he is having two previous cases, which are similar in nature.

5.Considering the seriousness and gravity of the offence and also considering the fact that the petitioner is having two similar previous cases, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 19/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, THIRUKUVALAI POLICE STATION, NAGAPATTINAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.13472 of 2022 Date :19/09/2022 SP/VR/SAR I/27/09/2022/2P/3C https://www.mhc.tn.gov.in/judis