Sethuraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/11/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sethuraja ... Petitioner/Accused No.2 Vs The State Rep.by The Inspector of Police, Nagamalai Pudukkottai Police Station Madurai District (Crime No.371 of 2021).

... Respondent/Complainant For Petitioner : Mr.K.Pal Murugan Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.371 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A2, apprehending arrest for the alleged offence under Sections 8(c) and 20(b)(ii)(B) of NDPS Act, in Crime No.371 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that based on the secret information, the respondent police inspected the first accused's house where they seized 1.200 kgs of ganja. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the first accused is the wife of this petitioner and he did not give any confession statement against the petitioner. The respondent police voluntarily taken the confession statement against the petitioner 1/3

and they falsely implicated in this case. He would further submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of anticipatory bail to the petitioner on the ground that apart from this case, the petitioner is having the following five previous cases to his credit; Sl.No.

Cases 1.

Crime No.280 of 2021 on the file of Nagamalai Pudukkottai Police Station for the offence u/s.20(b) (ii)(B) and 8(c) of NDPS Act 2.

Crime No.2310 of 2020 on the file of Nagamalai Pudukkottai Police Station for the offence u/s.20(b) (ii)(B) and 8(c) of NDPS Act 3.

Crime No.967 of 2020 on the file of Nagamalai Pudukkottai Police Station for the offence u/s.20(b) (ii)(B) and 8(c) of NDPS Act 4.

Crime No.580 of 2019 on the file of Nagamalai Pudukkottai Police Station for the offence u/s.20(b) (ii)(B) and 8(c) of NDPS Act 5.

Crime No.176 of 2019 on the file of Nagamalai Pudukkottai Police Station for the offence u/s.20(b) (ii)(B) and 8(c) of NDPS Act 5.Considering the facts and circumstances of the case and the antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 02/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cp 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.

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TO 1.The Inspector of Police, Nagamalai Pudukkottai Police Station Madurai District

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.15901 of 2021 Date :02/11/2021 RD/CN /SAR-II (17.11.2021) 3P 3C 3/3