R.Senthil v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM R.Senthil ... Petitioner/Accused No.3 Vs The State represented by The Inspector of Police, Nib Cid, Dindigul District.

Crime No.2 of 2022..

... Respondent/Complainant For Petitioner : Mr.S.Karuppasamy Pandian,Advocate for Mr.Ravikumar M,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.2 of 2022 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 1/4

for the offences punishable under Sections 8(c)r/w.20(b)(ii)(C) and 25 of NDPS Act in Crime No.2 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the accused person were found in illegal possession of 60kgs of ganja which is a commercial quantity. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that no contraband was recovered from this petitioner and this petitioner has been implicated as an accused based on the confession given by the co-accused. Therefore, he prayed for anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner along with other accused were found in possession of 60kgs of ganja. The petitioner is a habitual offender and he is not entitled for bail under Section 37 of NDPS Act,hence prayed for dismissal of the petitioner.

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5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case and also considering the fact that the contraband involved in this case is commercial quantity, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Hence the petition stands dismissed.

sd/- 09/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE INSPECTOR OF POLICE NIB CID, DINDIGUL DISTRICT.

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

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+1 CC to M/s.NA.MANI MARAN, Advocate ( SR-12170[I] dated 11/08/2023 )

ORDER

IN CRL OP(MD) No.13819 of 2023 Date :09/10/2023 SS/JGB/13/10/2023/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4