Sankar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sankar ... Petitioner/Accused No.4 Vs The State of Tamilnadu, State Rep. by the Inspector of Police, Rameshwaram Town West Police Station, Ramanathapuram District.

(Crime No. 100/2023.) ... Respondent/Complainant For Petitioner :

M/s. Ramachandran. N, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- To enlarge the petitioner on bail in the event of arrest, pending on the file of the Honble Additional Special District Judge, EC and NDPS Act, Pudukkottai District under C.C.No. 50/2024 in Crime No. 100 of 2023. ORDER : The Court made the following order :- This Petition is filed to enlarge the petitioner on bail in the event of arrest, pending on the file of the Additional Special District Judge, EC and NDPS Act, 1/3

Pudukkottai District under C.C.No. 50/2024 in Crime No. 100 of 2023. 2.Heard the learned counsel on either side and perused the material records of the case.

3. The learned counsel for the petitioner would submit that in this case there are totally 4 accused. A1 and A2 have already been granted statutory bail. The petitioner is only a driver. When the owner of the car allots him duty to park the car, he only merely parked the car. Even though the petitioner was attending the other case, he was not even arrested at the time of investigation or even subsequently, only on the basis of the absconding charge sheet, he is now sought to be arrested. When the petitioner's presence is not necessary for any further investigation, anticipatory bail should be granted.

4. I have considered the said averments on behalf of the learned counsel for the petitioner. In this case, totally 150 kgs of ganja was recovered from the car. It is further stated that there are materials against the petitioner in the form of CCTV footage, wherein, the petitioner is seems to have been parking the car and the CDR details of the mobile phone used by the petitioner also discloses that the petitioner is in close contact with the other accused.

5. Considering the overall facts and circumstance, the case, I am of the view that no case is made out so as to overcome the rigour of section 37 of the NDPS act 2/3

and accordingly, I am not inclined to enlarge the petitioner and hence, this Petition stands dismissed.

sd/- 26/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS To 1.The Additional Special District Judge, EC and NDPS Act Cases, Pudukkottai District.

2.The Inspector of Police, Rameshwaram Town West Police Station, Ramanathapuram District.

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

ORDER

IN CRL OP(MD) No.15432 of 2024 Date :26/09/2024 ED/ MMS /SAR- (16/10/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3