Dismissed

M.Eswari v. The Inspector of Police

Madras HC24 Sept 2021CRL OP(MD)/10176/2021

Case brief

AI extract

What is this about?

In a criminal original petition for anticipatory bail under Section 438 Cr.P.C., the petitioner faced allegations under the NDPS Act. While the lawyer submitted non-involvement and police procedural lapses, the court denied bail citing the nature of allegations and the petitioner's four pending similar cases.

What did the court decide?

Petition for anticipatory bail dismissed; petitioner remains liable to arrest.

M.Eswari Vs The Inspector of Police — Narcotics (NDPS) | Madras HC (2021)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 24.09.2021

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PRESENT

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The Hon'ble Mr.Justice B.PUGALENDHI

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CRL OP(MD). No.10176 of 2021

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M.Eswari ... Petitioner/Accused No.4

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State Rep. by The Inspector of Police, Cumbam North Police Station, Theni District. (Crime No.570/2021).

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... Respondent/Complainant

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For petitioner : M/s.M.Jagadeesh Pandian, Advocate.

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For Respondent : M/s.T.Senthilkumar Additional Public Prosecutor

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PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

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PRAYER :-

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For Anticipatory Bail Crime No.570 of 2021 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioner/Accused No.4 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 8(c) r/w. 20(b),(ii)(B) and 29(1) of NDPS Act, in Crime No.570 of 2021 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that on 01.07.2021 based on secret information, when the police officials conducted checkup on Cumbam to Kompai Road near A1's House, they found the accused persons having two white coloured bags filled with contraband materials each weighing about 2 kgs. Hence, the case.

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https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel for the petitioner submitted that the petitioner was not involved in any activities as alleged by the

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respondent police. He would further submit that the mandatory provisions of Sections 42, 50, 52 (A) and 57 NDPS Act have not followed by the respondent police.

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5.The learned Additional Public Prosecutor submitted that totally there are four accused in this case. On the confession given by the co-accused, this petitioner was arrayed as an accused. There are four previous cases similar in nature, pending against this petitioner.

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6.Considering the nature of allegations levelled against the petitioner and since the petitioner is having four previous cases against her, this Court is not inclined to grant anticipatory bail to the petitioner.

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7.Accordingly, this criminal original petition is dismissed.

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Sd/-

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24/09/2021 / TRUE COPY /

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/ /2021 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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The Inspector of Police,

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Cumbam North Police Station, Theni District.

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The Additional Public Prosecutor,

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Madurai Bench of Madras High Court, Madurai.

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ORDER

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https://hcservices.ecourts.gov.in/hcservices/

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SP/SKN/SAR II/06/10/2021/2P/3C

M.Eswari v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

M.Eswari v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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