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Madras High CourtCRL OP(MD)/16038/2023granted

Arasan v. The Inspector Of Police

2023-09-05Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Arasan ... Petitioner/5th Accused Vs The State, represented by The Inspector of Police, Palanai Taluk Police Station, Dindigul District.

(Crime No.160 of 2022). ... Respondent/Complainant For Petitioner : Mr.D.Venkatesh, Advocate. For Respondent : B.Nambiselvan, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.160 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.5, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 8(c) r/w 20(b)(ii) 1/3

(B), 29(1) of the NDPS Act, in Crime No.160 of 2022 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 27.04.2022, on secret information received, the defacto complainant along with his team went on raid to prevent the movement of narcotic drugs. At about 2.00 p.m., on the backside of the house of the first accused, the accused were found in illegal possession of Ganja and the said Ganja was seized by the respondent Police. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he did not commit any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that the petitioner is involved in one previous case under IPC offence and no previous case is pending against the petitioner under the NDPS Act cases. Further, after completion of investigation, Charge Sheet has been filed and it was taken cognizance in C.C.No.310 of 2023 before the Special Court for EC and NDPS Act Caes, Madurai.

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4.Since the final report has been filed, let the petitioners appear before the concerned Court and execute bond under Section 88 of Cr.P.C. to the satisfaction and as required by the trial Court.

5.With the above said directions, this criminal original petition stands disposed of.

sd/- 05/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO THE INSPECTOR OF POLICE PALANI TALUK POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.D.VENKATESH, Advocate ( SR-13288[I] dated 07/09/2023 )

ORDER

IN CRL OP(MD) No.16038 of 2023 Date :05/09/2023 PKP/GB/SAR- /25.09.2023/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3