Maheshwaran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Maheshwaran ... Petitioner / Accused No.2 Vs The State of Tamil Nadu Represented by the Inspector of Police, VK Puram Police Station, Tirunelveli District.

(Crime No.638 of 2024) ... Respondent/Complainant For Petitioner : M/s.Jegadeesha Pandian.V.M, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.638/2024 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 1/3

for the alleged offences under Sections 8(c) r/w. 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 4(1)A & C of the Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.638 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor (Criminal Side), on instructions, submitted that the petitioner was in judicial custody in some other case and that on 29.10.2024, a formal arrest was made in this case in Crime No. 638 of 2024. The relevant document was also placed before this Court.

3. The learned counsel for the petitioner submitted that the petitioner has already been released on bail in the other case and presently he is not inside the jail.

4. In the considered view of this Court, when a formal arrest has been made in the present case in Crime No. 638 of 2024 as per the materials placed before this Court, there is no scope to grant anticipatory bail to the petitioner. Anticipatory bail is granted only to a person who apprehends arrest and not a person who has already been formally arrested in a case.

5. In view of the above, no further orders can be passed in this petition and accordingly, the same is closed. It is left open to the petitioner to work out his remedy in the manner known to law.

2/3

6. In the result, this criminal original petition stands closed. sd/- 06/11/2024 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO

1. The Inspector of Police, VK Puram Police Station, Tirunelveli District.

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

ORDER

IN CRL OP(MD) No.19102 of 2024 Date : 06.11.2024 SL(25.11.2024)/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3