Suriya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Suriya ... Petitioner / Accused No.3 Vs The Inspector of Police, Sellur Police Station, Madurai District.

(Crime No.743 of 2022).

... Respondent / Complainant For Petitioner : Mr.S.Ramanathan, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.743 of 2023 on the file of the Respondent Police 1/3

ORDER : The Court made the following order :- The petitioner/Accused No.3, who was arrested on 13.08.2022 for the alleged offence punishable under Sections 8(c) r/w 20(b)(ii)(c), 29(1) of NDPS Act, 1985, in Crime No.743 of 2022 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner along with co-accused found in illegal possession of 22.500 kgs of Ganja and the same was seized by the respondent Police. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the investigation has been completed and Final Report was also filed by the respondent Police. Further, all accused belongs to the same family. The petitioner's brother one Pitchaimani was murdered by someone and the same was registered in Crime No.460 of 2022, dated 20.06.2022. The respondent Police being suspicious of the petitioner's family to take some revenge, the case in hand was falsely put up against the petitioner and his family.

4. The learned Additional Public Prosecutor would submit that the earlier bail application that was filed by the petitioner was dismissed by this Court in Crl.O.P (MD) No.5414 of 2023, dated 23.03.2023 and on suppressing of above said facts, this petition has been filed by the petitioner, stating that this is the first bail application.

5. Considering the fact that on suppressing of facts, this petition has been filed, 2/3

this Court is not inclined to grant bail to the petitioner, without going into merit of this case. Hence, this anticipatory bail petition deserves dismissal and accordingly dismissed.

sd/- 13/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Inspector of Police, Sellur Police Station, Madurai District.

2.The Officer Incharge, District Prison, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.12776 of 2023 Date :13/07/2023 ED/MR/SAR- (02/08/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3