Kala v. The Inspector Of Police

CRL OP(MD). No.19328 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/12/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.19328 of 2021 Kala ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Elumalai Police Station, Madurai District Crime No.270 of 2021).

... Respondent/Complainant For Petitioner : M/s.S.RAMACHANDRA PRADEEP, Advocate.

For Respondent : Mr.RMS.SETHURAMAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 270 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 8(c) r/w 20(b)(ii) (B) and Section 25 of NDPS Act, 1985, in Crime No.270 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.It is not in dispute that this Court vide order dated 18.11.2021, dismissed the anticipatory bail petition filed by the petitioner.

3.The case of the prosecution is that the petitioner and the other accused were found in possession of 1 1/2 kgs of Ganja. Hence the complaint.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is the seller of Ganja and in the alleged occurrence, she has utilized the Auto of the second accused and that the second accused is in judicial custody. He would further submit that the petitioner is having three previous cases for NDPS Act.

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CRL OP(MD). No.19328 of 2021 5.Considering the seriousness and gravity of the offence alleged and also the quantum of contraband seized and also the facts that the second accused is in judicial custody and that the petitioner is having bad antecedents as stated by the learned Additional Public Prosecutor and also the fact that there is no change in circumstances, since the dismissal of the earlier petition, this Court is not inclined to grant anticipatory bail to the petitioner.

sd/- 07/12/2021 / 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 INSPECTOR OF POLICE, ELUMALAI POLICE STATION, MADURAI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.19328 of 2021 Date :07/12/2021 SA/PN/SAR.3/15.12.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2