Mayakkal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Mayakkal ... Petitioner/ Accused No.2 Vs State Rep. by The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

Crime No.672 of 2021 ... Respondent/ Complainant For Petitioner: Mr.Imran Khan.J Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime.No.672 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police, for the offences punishable under Sections 8(C) r/w.20(b), (ii) (B) of NDPS Act, in Crime No.672 of 2021, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 23.10.2021, based on a secret information, the respondent police conducted a search near Nellur, Kondamanayakkanpatti and at that time, the secret informant made identification of the first accused standing near the place of occurrence. The respondent approached the said person, found 1.150 kilograms of Ganja and as per his confession, the petitioner was also implicated in this case. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and the entire contraband was recovered from the first accused and he has been falsely 1/3

implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that this is the second anticipatory bail petition. The earlier anticipatory bail petition was dismissed by this Court vide order dated 02.11.2021 in Crl.O.P.(MD)No.16843 of 2021, on the ground that the petitioner is having seven previous cases. 5.The learned counsel for the petitioner submits that all the previous cases were closed and as on date, there is no case pending as against the petitioner.

6.The learned Government Advocate, on instructions would submit that out of seven cases, four case have already been closed and the remaining three cases are still pending as against the petitioner.

7. Considering the nature of allegations levelled against the petitioner, antecedents of the petitioner and since there is no change in circumstances after the dismissal of earlier petition, this Court is not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, the Criminal Original Petition is dismissed. sd/- 02/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

dn 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, Pattiveeranpatti Police Station, Dindigul District.

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

+1. CC to M/S. IMRAN KHAN.J. Advocate SR.No.37504

ORDER

IN CRL OP(MD) No.18482 of 2021 Date :02/12/2021 RD/PN/SAR-III(13.12.2021) 3P 4C 3/3