Madras High CourtCRL OP(MD)/20383/2023dismissed

Boominathan v. The Inspector Of Police

2024-01-03Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI BOOMINATHAN ... PETITIONER/ACCUSED NO.5 Vs THE INSPECTOR OF POLICE NAGAMALAI PUDUKOTTAI POLICE STATION, MADURAI DISTRICT.

CRIME NO. 287 OF 2023 ... RESPONDENT/RESPONDENT For Petitioner :

M/S.M.JEGADEESH PANDIAN, Advocate For Respondent :

MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.287 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A5, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 8(C), 20(b) (ii)(B), 25,29(1) of NDPS Act, 1985 and Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 in Cr.No.287 of 2023, seeks anticipatory bail.

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2.The case of the prosecution is that the petitioner herein is arrayed as A5 and on 14.10.2023, when search was made by the respondent, they seized 2 kgs of Ganja from the petitioner. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and the petitioner was not at all present at the time of occurrence, since the petitioner was in judicial custody in connection with Crime No.887/2023. Therefore, he seeks anticipatory bail. 4.The learned Additional Public Prosecutor strongly objected this petition for grant of anticipatory bail, since the petitioner has 18 previous cases to his credit, out of which, 2 cases pertain to NDPS offences.

5. Considering the facts and circumstances of the case and considering the previous antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this petition is dismissed. sd/- 03/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE INSPECTOR OF POLICE, NAGAMALAI PUDUKOTTAI POLICE STATION, MADURAI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :03/01/2024 PKP/VR/SAR-(08.01.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3