M.Rajkumar v. The Inspector Of Police
CRL OP(MD). No.18563 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.18563 of 2021 M.Rajkumar, ... Petitioner/Accused No.2 Vs State Rep by The Inspector of Police, Koodalpudur Police Station, Madurai District.
Cr.No. 521 of 2021..
... Respondent/Complainant For Petitioner : M/s.Mahendrapathy.S, 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.521 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 8(c) r/w 20(b)(ii) (B), 29(1) of NDPS Act, in Crime No.521 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner was found in illegal possession of 1.200 kgs of contraband namely Ganja. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.18563 of 2021 alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. Hence, he seeks for anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner and the first accused were found in possession of 1.200kgs ganja and when the respondent was attempted to secure them, the petitioner ran away from that place. He would further submit that a confession statement was given by the first accused that he has specifically stated that the alleged vehicle was taken by the petitioner and the petitioner was also involved in the alleged occurrence.
5.Considering the seriousness and gravity of offence and also considering the quantity of contraband seized and also the facts that the investigation is pending and that the first accused is in judicial custody, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this 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.
das 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, Koodalpudur Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN CRL OP(MD) No.18563 of 2021 Date : 02/12/2021 TR/JC/SAR-IV(15.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2