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Madras High CourtCRL OP(MD)/22539/2022dismissed

J.Mohammed Jainulabdeen v. The Inspector Of Police

2022-12-20Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.22539 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2022 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.22539 of 2022 J.Mohammed Jainulabdeen ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Ambathurai Police Station, Dindigul District.

Cr.No.140/2022.

... Respondent/Complainant For Petitioner : M/s.Manimaran.K.R, Advocate. For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.140/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B) of NDPS Act in Crime No.140 of 2022 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that on receipt of secret information the respondent police examined A1 and A2 and they found 1.150kg of ganja and seized the same. During enquiry A1 and A2 stated that they have purchased the ganja from this petitioner. Hence he has been arrayed as accused and a case came to be registered.

3.The learned counsel appearing for the petitioner would submit the petitioner is innocent and a false case has been foisted against him. He would further submit that based on the confession given by the co-accused the petitioner herein is arrayed as accused, hence he seeks anticipatory bail.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.22539 of 2022 4.The learned Additional Public Prosecutor appearing for the respondent would submit that possession of 1.150kgs of ganja. He would further submit that one previous case is pending against the petitioner.

5.Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioner is having one similar previous case, this Court is not inclined to grant anticipatory bail to the petitioner.

6.In view of the same, the petition stands dismissed. sd/- 20/12/2022 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO

1. The Inspector of Police, Ambathurai Police Station, Dindigul District.

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

ORDER

IN CRL OP(MD) No.22539 of 2022 Date :20/12/2022 RS/BUC/SAR.2(30.12.2022) 2P-3C https://www.mhc.tn.gov.in/judis 2/2