Kubenthiran v. The Inspector Of Police

CRL OP(MD). No.19140 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19140 of 2022 Kubenthiran ... Petitioner/Accused No.7 Vs The State Rep. By, The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

(Crime No. 337 of 2022).

... Respondent/Complainant For Petitioner : M/s.Anand, Advocate for Mr.Eswaran M, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 337 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A7, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 294(b), 353, 307 and 506(ii) IPC, Section 25(1A) of Arms Act, 1959 and Section 8(c) r/w 20(b),(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.337 of 2022 seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused were in illegal possession of six aruval and 500grams of Ganja in their house and also threatened the de-facto complainant by discharging their official duties. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is a broker. The accused persons approached the petitioner for the purpose of arranging a house on rental basis. Hence, the petitioner has arranged house to the accused person for commission only and he is innocent and he has been falsely roped in this case. Hence, he prays for anticipatory bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.19140 of 2022 4.The learned Government Advocate (Crl. side) would submit that the petitioner has arranged rental house to the other accused 1 to 6 and he is the close associate of A1 to A6 and A1 to A6 are having many previous cases and the petitioner is having one previous case and the investigation is in initial stage. Hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the serious allegation levelled against the petitioner and he is having one previous case and the investigation is in initial stage, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 28/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, KADAYANALLUR POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.19140 of 2022 Date :28/10/2022 sji USK/SBN/SAR-II/08.11.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2