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Madras High CourtCRL OP(MD)/12074/2023dismissed

Muniyasamy v. The Inspector Of Police

2023-07-03Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12074 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12074 of 2023 Muniyasamy ... Petitioner/Accused Vs The state rep.by The Inspector of Police, Rajapalayam South Police Station, Rajapalayam, Viruthunagar District.

(Crime.No.66/2023) ... Respondent/Complainant For Petitioner : M/s.Abdul Rahuman.S, For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 66/2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who apprehends arrest at the hand of the respondent for the alleged offence under Sections 8(c) r/w 20(b)(ii)(B) and 25 of NDPS Act, in Crime No.66 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the accused persons were found in illegal possession of 2.750 kgs of ganja. Hence, the complaint.

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

CRL OP(MD). No.12074 of 2023 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Based on the confession of co-accused he has been falsely implicated in this case. The petitioner is not having any previous case, hence, prays to release him on anticipatory bail.

4.The learned Additional Public Prosecutor submitted that the petitioner is not having good conduct. He is having 19 previous cases, in which, several cases were registered for the offence of Robbery and extortion and some cases were registered under Gambling Act etc. Only at the instance of the petitioner, the co-accused had sold the ganja to public. Hence prays to dismiss the petition. 5.Considering the vehement objection raised by the respondent and the bad antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 03/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM

1. The Inspector of Police, Rajapalayam South Police Station, Rajapalayam, Viruthunagar District.

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

ORDER

IN CRL OP(MD) No.12074 of 2023 Date :03/07/2023 SI(06.07.2023)2P/ 3C https://www.mhc.tn.gov.in/judis 2/2