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Madras High CourtCRL OP(MD)/19301/2022dismissed

Shanmugam v. The Inspector Of Police

2022-11-02Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.19301 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19301 of 2022 Shanmugam, ... Petitioner/Accused No. 4 Vs State Rep.by The Inspector of Police, Thideer Nagar Police Station, Madurai District..

... Respondent/Complainant For Petitioner : M/s. Karthikeya.C., Advocate. For Respondent : Mr.E. Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.543/22 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 18(c), 20(b) (ii)(B), 29(1) of NDPS Act, 1985 and 25(1A) of Arms Act, 1959 in Crime No.543 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 25.10.2022, when the respondent police was in patrol duty, the petitioner and other accused have found in possession of 1.200 Kgms of Kanja and the same has been recovered. Hence, the compliant.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case and seeks anticipatory bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.19301 of 2022

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that totally four accused involved in this case and the petitioner herein is arrayed as A4. He further submitted that the specific overt act against the petitioner is that he has involved in the case of murder of one Karthi, father of Dharsan. He would further submit that the petitioner is having one previous case under the Arms Act and he strongly opposed to grant anticipatory bail to the petitioner.

5. Considering the submission made by the learned Government Advocate (Crl. Side) appearing for the respondent and also considering the serious nature of allegations made against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 02/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE THIDEER NAGAR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.19301 of 2022 Date :02/11/2022 trp PKP/SSS/SAR-4/18.11.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2