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Madras High CourtCRL OP(MD)/12929/2023dismissed

Stephen Raj @ Stephen v. The Inspector Of Police

2023-07-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Stephen Raj @ Stephen ... Petitioner/Accused No.4 Vs State Rep.by The Inspector of Police, Panagudi Police Station, Tirunelveli District.

Crime No.295/2023 ... Respondent/Complainant For Petitioner :

M/s.C.Susi Kumar, Advocate.

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.295/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 8(c), 20(b)(ii)(A) of NDPS Act r/w 294 (b), 353 and 506(ii) of I.P.C., in Crime No. 295 of 2023 on the file of the respondent police, seeks anticipatory bail.

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2.According to the prosecution, the defacto complainant and other team members went to the place of occurrence. At that time, they found two wheeler bearing registration No.TN 72 AW 8204. On search they found 30 gms. of ganja. Out of the four persons three persons escaped from that place. One was apprehended. During the course of investigation, it came to understand that the petitioner owns the above said vehicle. On that ground his involvement came to light. 3.The counsel for the petitioner would submit that even as per the certificate of registration, the above said vehicle is not standing in his name. But, it is in the name of one Radhamani. The respondent police recorded the statement of the Radhamani. He would stated that he sold the vehicle to the petitioner. Only on that ground the involvement came to light. There are two previous cases against the petitioner under special Act, one case ended in acquittal, another one is pending. 4.In view of the above said, this petitioner is not entitled for any discretionary relief.

5.Accordingly, this criminal original petition stands dismissed. sd/- 24/07/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TM TO 1 THE INSPECTOR OF POLICE, PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12929 of 2023 Date :24/07/2023 RS/JGB/SAR-(07.09.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3