Saba@Sabarathinam v. The Inspector Of Police

CRL OP(MD).No.15069 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD).No.15069 of 2020 1.Saba @ Sabarathinam 2.Asha Nagamurugan @ Asha Nagarajan ... Petitioners/Accused Nos.1 & 7 Vs State rep.by The Inspector of Police, SS Colony Police Station, Madurai City.

(Crime No.2361 of 2020) ... Respondent/Complainant For Petitioners: Mr.V.Santhakumaresan, Advocate.

For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory bail in Crime No.2361 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as A1 & A7, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 8(c),20(b)(ii)(c), 25 and 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.2361 of 2020, on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner herein handed over Ganja to A2 and A3 and instructed them to hand over the same in Madurai. At the time of travelling, on suspicion, the respondent police intercepted and arrested A2 and A3. Based on the confession, the petitioners herein were implicated. 3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.

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CRL OP(MD).No.15069 of 2020 4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. 5.The learned Government Advocate (Crl.Side), on instructions, submitted that the petitioners are arrayed as A1 & A7. The petitioners and other accused persons are in possession of 22 Kgs of Ganja, which is more than the commercial quantity and A2 and A3 were already arrested and remanded to judicial custody. He further submitted that the first petitioner is also having eleven previous cases and the second petitioner is also having six previous cases similar in nature under NDPS Act and he strongly opposed to grant anticipatory bail to the petitioners.

6.Considering the above facts and circumstances of the case and considering the fact that the petitioners and other accused persons are in possession of 22 Kgs of Ganja, which is more than the commercial quantity and the first petitioner is also having eleven previous cases and the second petitioner is also having six previous cases similar in nature under NDPS Act, this Court is not inclined to grant anticipatory bail to the petitioners. 7.Accordingly, the Criminal Original Petition stands dismissed. sd/- 17/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE, SS COLONY POLICE STATION, MADURAI CITY.

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

ORDER IN CRL OP(MD) No.15069 of 2020 Date :17/12/2020 vsd AE/SMA/SAR-IV (23.12.2020) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2