Madras High CourtCRL OP(MD)/15170/2022dismissed

P.Selvendran v. The Inspector Of Police

2022-09-19Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.15170 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved On : 08/09/2022 Delivered on :19/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.15170 of 2022 P.Selvendran ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, Gandamanaur Police Station, Theni District.

(Crime No. 125 of 2022).

... Respondent/Complainant For Petitioner : M/s.MANIMARAN.Na., Advocate.

For Respondent : Mr.E.ANTONY SAHAYA PRABHAKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.125 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 8(c) r/w. Section 20(b)(ii)(B) of NDPS Act, in Crime No. 125 of 2022, seeks anticipatory bail.

2. The allegation against the petitioner is that on 26.07.2022, at about 9.00 am., A1 was illegal possession of 1.600 Kgs of Ganja for sale. On the confession of the accused, the petitioner was arrayed as A3 in Crime No.125 of 2022.

3. On the side of the petitioner, it is stated that the petitioner is the second accused in the case. The recovery of the contraband is only from A1. There was no seizure of contraband from this petitioner. Only on the confession of A1, the petitioner was robed into the case. A1 was already released on bail and prayed the petitioner to be released on bail.

4. On the side of the prosecution, it is stated that the petitioner is the main seller. The petitioner is having a previous https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.15170 of 2022 case, which is not similar in nature and prayed the petition to be dismissed.

5. Considering the nature of the offence and consdering the bad antecedents of the petitioner, this Court is not inclined to release the petitioner at the present stage.

6. Hence, this Petiiton is dismissed.

sd/- 19/09/2022 / TRUE COPY /09/2022 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, GANDAMANAUR POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15170 of 2022 Date :19/09/2022 SA/SVR/SAR.2/22.09.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2