The Madurai Bench of the Madras High Court dismissed a petition for anticipatory bail under Section 438 Cr.P.C. The Court refused relief due to the nature of the offence under the NDPS Act and the petitioner's record of seven previous criminal cases.
The Criminal Original Petition for anticipatory bail was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 24/09/2021
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CRL OP(MD). No.10486 of 2021
M.Muthukutty ... Petitioner/Accused Rank Not Known
Vs
State rep.by The Inspector of Police, Palayamkottai Police Station, Palayamkottai, Tirunelveli City. (Crime.No.434 of 2021).
... Respondent/Complainant
For Petitioner : M/s.Pragalathan N, Advocate.
For Respondent : M/s.T.Senthil Kumar, Additional Public Prosecutor
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
PRAYER :-
For Anticipatory bail in Crime No. 434 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :-
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(C), 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.434 of 2021, seeks anticipatory bail.
2.It is reported by the learned Additional Public Prosecutor that the petitioner is having seven previous cases. The details of the previous cases are as follows: https://hcservices.ecourts.gov.in/hcservices/
2
| S.No | Crime No. | Offences |
|---|---|---|
| 1. | 200/2018 | 294(b), 387, 506(ii) of IPC |
| 2. | 165/2018 | 435 IPC r/w 3(1) of TNPPDL Act |
| 3. | 749/2018 | 294(b), 324, 506(ii) of IPC |
| 4. | 1127/2016 | 294(b), 324, 506(ii) of IPC r/w Section 3(1) (r), 3(1)(s), 3(va) of SC/ST Act |
| 5. | 929/2016 | 147, 148, 294(b), 323, 506(ii) IPC |
| 6. | 301/2014 | 147, 148, 294(b), 307, 323, 342, 506(ii) IPC |
| 7. | 263/2021 | 8(c) r/w 20(b)(ii)(B) IPC |
Sd/-
24/09/2021 / TRUE COPY /
/ /2021 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court,
Madurai - 625 023.
ssb
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.
TO
ORDER
IN
CRL OP(MD) No.10486 of 2021 https://hcservices.ecourts.gov.in/hcservices/ Date :24/09/2021 SP/PN/SAR I/04/10/2021/2P/3C
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who apprehends arrest for alleged offences under the NDPS Act.
Whether the petitioner's antecedents justify the rejection of the application for anticipatory bail.
3 provisions across 3 enactments
M.Muthukutty
State
B. Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
