Sundar @ Sundarapandy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM Sundar @ Sundarapandy ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, NIB CID, Theni District.

(Crime No. 25 of 2022) ... Respondent/Complainant For Petitioner : Mr.S.Anandha Rajagopal,Advocate For Respondent : Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.25 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(II)(B) and 29(1) of Narcotic Drugs and 1/3

Psychotropic Substances Act, 1985 in Crime No.25 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 12.07.2022, the respondent police, based on the secret information, went to back side of the Backiya Matriculation School in Allinagaram Veerappa Ayyanar Temple Road in Aundipatti. At that time, a person came up by carrying a white gunny bag and the police party intercepted him and enquired him. On search, it was found that he was in illegal possession of 8 kg of ganja and the accused gave a confession that the petitioner herein had given the contraband to sell the same. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail. 4.

The learned Additional Public Prosecutor appearing for the respondent police would submit that the first accused was found in illegal possession of 8 kgs of kanja, which is commercial quantity and he gave confession statement that he received the said contraband from the petitioner herein. Therefore, he strongly objected to grant anticipatory bail to the petitioner.

5.On perusal of records, it is noticed that the petitioner herein supplied contraband to A1. Considering the facts and circumstances of the case and 2/3

considering the seriousness of the offence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 10/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO THE INSPECTOR OF POLICE NIB CID, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18095 of 2023 Date :10/10/2023 PKP/JGB/SAR- /07.11.2023/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3