Thokai 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 K.MURALI SHANKAR CRL OP(MD). No.18947 of 2021 Thokai ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Varasanadu Police Station, Theni District, Theni.

(Crime No.123 of 2021).

... Respondent/Complainant For Petitioner : M/s.Yokesh M, Advocate.

For Respondent : M/s.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.123 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) of NDPS Act, in Crime No.123 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 1.250 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 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.

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4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was also very much present at that time and after seeing the Police party, he ran away from that place.

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 petitioner is having two previous case for similar offence, 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.III) 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, VARASANADU POLICE STATION, THENI DISTRICT, THENI.

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

ORDER

IN CRL OP(MD) No.18947 of 2021 Date :02/12/2021 https://hcservices.ecourts.gov.in/hcservices/ SP/CN/SAR III/10/12/2021/2P/3C