Madras High CourtCRL OP(MD)/17918/2021dismissed

Ramalingam v. The Sub Inspector Of Police

2021-11-17Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.17918 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.17918 of 2021 Ramalingam ... Petitioner/Accused-1 Vs The State rep.by, The Sub Inspector of Police, Sellur Police Station, Madurai City, Madurai.

In Crime No.919 of 2021. ... Respondent/Complainant For Petitioner : Mr.R.R.Thamothar Raj, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.919 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.1, who apprehends arrest for the offences under Sections 8(c), 20(b)(ii)(B) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Cr.No.919 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 11.11.2021 at 02.00p.m., the petitioner and his wife were trying to sell 2.200grams of ganja near Kulamangalam main road, Meenambalpuram junction water bond and on seeing the police party, the petitioner and his wife ran away by dropping ganja pack, however, the petitioner's wife was caught hold by the respondent police and on enquiry, she gave her confession statement. Hence, the present complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and hence, he seeks anticipatory bail to the petitioner.

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CRL OP(MD). No.17918 of 2021

4. The learned Additional Public Prosecutor appearing for the State would submit that on 11.11.2021 at about 02.00p.m, when the police party are attempting to arrest the petitioner and his wife, who were in possession of 2.200grams of ganja, the petition ran away from that place and thereafter, his wife was arrested and 2.200grams of ganja was recovered from her. He would further submit that the accused No.2 has also given confession statement wherein she has specifically implicated the petitioner herein. He would further state that the petitioner is having one previous case similar in nature.

5. Considering the seriousness and gravity of the offences levelled against the petitioner and also the fact that the second accused is still in judicial custody and also considering the quantum of contraband recovered and that the petitioner is having one previous case similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner at this point of time. Accordingly, this Criminal Original Petition is dismissed. sd/- 17/11/2021 / TRUE COPY / / /2021 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 SUB INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI CITY, MADURAI.

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

ORDER

IN CRL OP(MD) No.17918 of 2021 Date :17/11/2021 SSL MK/VR/SAR.III/23.11.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2