Anticipatory bail sought by second accused in an NDPS case involving seizure of ganja and knives from the first accused, who had already been granted bail. The court noted the petitioner's alleged assault on a police officer and flight from the scene and dismissed the petition.
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Crl.O.P.No.1208 of 2024
C.V.KARTHIKEYAN.J.,
The petitioner/A2 in Crime No.6 of 2024, registered for the offences under Sections 8(c) r/w 22(a) of NDPS Act and Sections 294(b), 353 and 506(ii) of IPC r/w 25(1)(A) with 7 of Arms Act, 1959, seeks anticipatory bail.
2.There are totally two accused. A1 had been arrested and remanded to judicial custody on 10.01.2024.
3.It is the case of the prosecution that during regular vehicle check up they got A1 and it is also contended that this petitioner was standing next to A1 and when the respondent tried to catch this petitioner, he pushed the respondent down and managed to escape by showing knife. From A1, they seized 20 grams of ganja, one strip of Nitrovit-10 tablets and also four different types of knives.
4.The learned counsel for the petitioner stated that the entire recovery is only from the 1st accused and not from this petitioner. It is stated that A1
had been granted bail on 24.01.2024 by the learned Principal Sessions Judge, Chennai.
5.A counter affidavit has been filed on behalf of the respondent stating that they had received information about illegal transport of narcotic drugs and went near Wall tax road, 2nd Gate. At that point of time, A1 and A2 were standing and when the respondent tried to arrest them, A1 was taken into custody but A2 had escaped. It is also stated that the contraband had been seized. Very specifically it is stated that at the time of arrest, this petitioner had pushed the respondent police and threatened them him with dire consequences.
6.Even though it could be stated that the contraband seized is intermediate in nature, the possession of contraband along with knifes and the conduct of the petitioner in running away from the place, forces me to reject the case of the petitioner herein. Accordingly, this Criminal Original Petition is dismissed.
21.03.2024
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C.V.KARTHIKEYAN.J.,
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Crl.O.P.No.1208 of 2024
21.03.2024
1 issue framed by the court
Whether anticipatory bail should be granted to A2 accused of NDPS offences who allegedly pushed a police officer and escaped during seizure.
3 provisions across 3 enactments
Petitioner/A2 in Crime No.6 of 2024
Respondent (Investigating Officer)
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
