Madras High CourtCRL OP(MD)/15990/2022dismissed

Karthick v. The Inspector Of Police

2022-09-05Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.15990 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.15990 of 2022 Karthick ... Petitioner/Accused No.3 Vs The State rep.by, The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District (Crime No. 321 of 2022).

... Respondent/Complainant For Petitioner : M/s. Shyllappa Kalyan N, Advocate For Respondent : M/S.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 321 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 8 (c) r/w 20(b)(ii)(B), 29(1), 25 of NDPS Act, in Crime No.321 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case against the petitioner is that on 24.05.2022 at about 13hours, on the basis of secret information the respondent police was doing vehicle check-up and on identification by the informer, the respondent Police caught hold of A1. A2 escaped from the occurrence place. A1 was found in illegal possession of 1.100kgs of contraband. On enquiry, A1 admitted that the contraband was purchased from this petitioner. The case in Crime No.321 of 2022 was registered against the petitioner and other accused person. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.15990 of 2022 3.The petitioner has already filed an anticipatory bail petition before the District Court, Madurai in Crl.OP(MD)No.1021 of 2022, dated 21.06.2022 and the same was dismissed. Another bail petition filed by the petitioner was returned without numbering. Hence, this petition is filed.

4.On the side of the petitioner it is stated that a false case was foisted against the petitioner. The petitioner is noway connected with the case and prayed to release the petitioner on anticipatory bail.

5.On the side of the respondent it is stated that based on the confession of A1, this petitioner was impleaded in the case. The petitioner is a habitual offence and he is having 32 cases. Those cases are not similar in nature. A1 was already arrested and released on bail on 10.06.2022 and A2 is still absconding. 6.Considering the nature of the offence and the previous antecedents of the petitioner, this Court is not inclined to release the petitioner on anticipatory bail.

7.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 05/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1.THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. SHYLLAPPA KALYAN N Advocate SR.No.9651

ORDER

IN CRL OP(MD) No.15990 of 2022 Date :05/09/2022 RK/SVR/SAR-II (09/09/2022) 2P/4C https://www.mhc.tn.gov.in/judis 2/2