Vinothkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Vinothkumar ... Petitioner/Accused Rank No.3 Vs The Inspector of Police, Elumalai Police Station, Madurai District.

(Crime No.114 of 2024) ... Respondent/Complainant For Petitioner :

M/s.B.Arun, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SEC 482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.114 of 2024 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(A), 29(i), 25 of NDPS Act r/w Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.114 of 2024, seeks anticipatory bail. 1/3

2.The case of the prosecution is that the petitioner was found in illegal possession of 750 grams of Ganja. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that there is no recovery from the petitioner. The contraband recovered only from A2 & A3 and no previous case is pending against the petitioner. Hence, he prays for anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that even though the petitioner is not having any previous case and the contraband was recovered from only A2 & A3, all the accused persons have indulged in selling Ganja. He would further submit that on the date of occurrence, on seeing the police party, they tried to escape from the place of occurrence. Further, the investigation is still pending. Hence, he vehemently, opposed to grant anticipatory bail to the petitioner.

5.Even though the total contraband involved in the present case is small quantity, when the respondent police tried to apprehend the accused, they have made an attempt to escape from the scene of occurrence. Hence, I am of the view that this is not a fit case for grant of anticipatory bail. 2/3

6.Accordingly, this Criminal Original Petition stands dismissed. sd/- 05/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

dss TO 1 THE INSPECTOR OF POLICE, ELUMALAI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12508 of 2024 Date :05/08/2024 RS/JGB/SAR-(19.08.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3