Petitioner sought anticipatory bail for alleged narcotic offences involving recovery of 6 Kgs of ganja. Court rejected bail due to need for custodial interrogation and flight from scene.
Application for anticipatory bail dismissed; petitioner may surrender and seek bail thereafter.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Thirtieth day of January Two Thousand Seventeen
PRESENT
The Hon`ble Mr Justice S.VAIDYANATHAN
CRL OP(MD) No.501 of 2017
ISMAIL
... PETITIONER /SOLE ACCUSED
1 THE INSPECTOR OF POLICE MANDAPAM POLICE STATION, RAMANATHAPURAM DISTRICT (CRIME.NO.137 OF 2016)
... RESPONDENT / COMPLAINANT
For Petitioner : M/S.J.M.HASSANUL BAZARI Advocate
For Respondent : MR.R.RAMACHANDRAN, ADDITIONAL PUBLIC PROSECUTOR ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(c) read with 20(b)(ii)(B) of NDPS Act IPC, in Crime No.137 of 2016, on the file of the respondent police, seeks anticipatory bail.
2.Heard both sides.
3.The case of the prosecution is that the respondent police conducted a raid along with the police party and at that time the accused was intercepted and the police party found that he carried a bag containing 6 Kgs of ganja.
4.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner.
https://hcservices.ecourts.gov.in/hcservices/ 5.The learned Additional Public Prosecutor would submit that if the petitioner is released on anticipatory bail, he would indulge in
similar offence.
6.Considering the facts and circumstances of the case and also taking note of the fact that 6 Kgs of Ganja has been recovered from the petitioner and the petitioner ran away from the scene of occurrence, this Court is of the view that custodial interrogation of the petitioner is required in this case and therefore, I am not inclined to grant anticipatory bail to the petitioner and it is open to the petitioner to surrender and thereafter, seek bail.
Hence, this petition is dismissed. sd/30/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE INSPECTOR OF POLICE, MANDAPAM POLICE STATION,RAMANATHAPURAM DISTRICT. 2.THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI NBI JS/SV/MMS/03.02.2017/2P-3C ORDER IN CRL OP(MD) No.501 of 2017 Date :30/01/2017
1 issue framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. when the accused is found carrying 6 Kgs of ganja and ran away from the scene.
2 provisions across 2 enactments
ISMAIL
THE INSPECTOR OF POLICE MANDAPAM POLICE STATION, RAMANATHAPURAM DISTRICT
S. VAIDYANATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
