Writ petition for anticipatory bail under Section 438 Cr.P.C. dismissed by the Madurai Bench of Madras High Court, considering the gravity of the NDPS charge and the petitioner's prior record.
The Criminal Original Petition for anticipatory bail is dismissed.
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CRL OP(MD). No.9023 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved On : 14.09.2022 Pronounced On : 16.09.2022
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CRL OP(MD). No.9023 of 2022
Mathan ... Petitioner/Accused No.5
Vs
The State rep.by The Sub Inspector of Police, Kurumbur Police Station, Thoothukudi District. (Crime No.72 of 2022). ... Respondent/Complainant
For Petitioner : M/s.MUNIYANDI.S, Advocate. For Respondent : Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
PRAYER :- For Anticipatory Bail in Crime No.72 of 2022 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 offence punishable under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act in Crime No.72 of 2022, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 1.250 kgs of Ganja. Hence, the complaint.
3.On the side of the petitioner, it is stated that the petitioner is innocent and based on the confession statement of the co-accused, the petitioner has been implicated in this case and no recovery was made from him and prayed the petitioner to be released on bail.
4.On the side of the prosecution, it is stated that the petitioner and other accused were in possession of 1.250 kgs of Ganja illegally. It is further stated that the petitioner is having one previous case, which is similar in nature and prayed the petition to be dismissed.
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CRL OP(MD). No.9023 of 2022
5.Considering the seriousness and gravity of the offence alleged and also considering the fact that the petitioner is having one previous case similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed.
sd/-
16/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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
SJI
SA/SVR/SAR.2/20.09.2022/2P/3C
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2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused of illegal possession of ganja?
What weight should be given to the petitioner's previous case of similar nature?
2 provisions across 2 enactments
MATHAN
THE STATE REP. BY THE SUB INSPECTOR OF POLICE, KURUMBUR POLICE STATION
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
