Madras High CourtCRL OP(MD)/20948/2023dismissed

Chelladurai 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 CHELLADURAI ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.

CRIME NO. 558 OF 2023 ... RESPONDENT /COMPLAINANT For Petitioner : M/S SELVAM.J Advocate For Respondent : MR.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO. 558 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

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ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 8(C) r/w 20(b)(ii)(B) and Section 25 of NDPS Act, 1985 in Cr.No.558 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner herein is the sole accused and on 06.11.2023, when search was made by the respondent police, a motorcycle bearing registration No.TN49 BJ 4308 was recovered under a cover of mahazar and a gunny bag was found from which, the respondent police seized 2 kgs of Ganja. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the alleged offence and therefore, prays for grant of anticipatory bail.

4.The learned Additional Public Prosecutor strongly objected this petition for grant of anticipatory bail by stating that the petitioner has one previous case of similar nature.

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5. Considering the facts and circumstances of the case and considering the previous antecedent 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.

RR TO 1.THE INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN Date :03/01/2024 RK/VR (08/01/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3