Muthupandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Muthupandi ... Petitioner/Accused No.3 Vs The State rep.by, The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

(Crime No.123 of 2023).

... Respondent/Complainant For Petitioner : M/s. Selva Kumar.S, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PRAYER :- For Anticipatory Bail in Crime No.123 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(c) r/w 20(b)(ii) (B), 25, 29(1) of NDPS Act, in Crime No.123 of 2023, on the file of the respondent police, seeks anticipatory bail.

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2.The case of prosecution in brief:

(i)On 05.06.2023, on secret information received from the Police Informer and after recording the information in Case Diary, the defacto complainant along with the Police Team went to the place of occurrence and involved vehicle check-up. At that time, the accused persons tried to fled away from the occurrence spot and on search they were found in possession of 2 kgs of ganja. Hence, the complaint. 3.The learned counsel for the petitioner would submit that absolutely no material has been collected during the course of investigation to connect the petitioner with the above said offence. He has been falsely implicated in the case, based on the confession of co-accused and he has previous cases. Hence, prays to release him on anticipatory bail.

4.The learned Additional Public prosecutor would submit that the petitioner is having four previous cases similar in nature, in which, Cr.No.338 of 2023 (Chennai Railway Koai Pothanur Police Station) and Cr.No.43 of 2013 (Pattiveeranpatty Police Station) were convicted and in Cr.No.93 of 2021 (Madurai Austinpatty Police Station) trial is pending and in Cr.No.184 of 2023 (Kodaikkanal Police Station), the petitioner is not yet arrested. The petitioner is a habitual offender. Hence, prays to dismiss the petition.

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5.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6.Considering the above facts and circumstances of the case, vehement objection raised by the learned Additional Public Prosecutor and the bad antecedents of the petitioner, this Court is of the view that if he is released on bail, he may abscond or indulge in similar kind of activities. In view of the above, the petitioner is not entitled to get any discretionary relief from this Court. 7.Accordingly, this Criminal Original Petition stands dismissed. sd/- 17/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE INSPECTOR OF POLICE, PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.12182 of 2023 Date :17/07/2023 RK /MMS(24/07/2023) 4P /3 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4