The petitioner sought anticipatory bail for offences under the NDPS Act and IPC regarding alleged ganja purchase. The court refused, citing pending arrest warrant, multiple dismissed prior applications, and the Supreme Court's prior rejection. Petition dismissed.
Criminal Original Petition dismissed; no anticipatory bail granted.
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.
CRL OP(MD). No.6793 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2024 PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.6793 of 2024
Barnikana Pavan Kumar ... Petitioner/Accused No.10
Vs
The Inspector of Police, Nanguneri Police Station, Tirunelveli District. (Crime No.355/2023) ... Respondent/Complainant
For Petitioner : Mr.N.Vignesh, Advocate. For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
PRAYER :-
To enlarge the petitioner on bail in the event of his arrest in respect of Crime No.355/2023 on the file of the respondent police pending investigation.
ORDER : The Court made the following order :-
The petitioner apprehending arrest at the hands of the respondent police in connection with Crime No.355 of 2023 for the offence under Sections 8(c), 20(b)(ii)(B),
25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 116 of IPC, has filed this petition seeking anticipatory bail.
2.The case of the prosecution is that the co-accused went to Andrapradesh and purchased huge quantity of ganja from the petitioner and A11. Hence, the case.
https://www.mhc.tn.gov.in/judis 3.The learned counsel for the petitioner submits that apart from the confession
1/3
CRL OP(MD). No.6793 of 2024
statement of the co-accused, there is no other material against the petitioner and the earlier applications filed by the petitioner in Crl.O.P.(MD)Nos.23419 of 2023 and 1765 of 2024 were dismissed by this Court vide order dated 04.01.2024 and 05.02.2024 and the same was confirmed by the Hon'ble Supreme Court in S.L.P(Crl) No.3778 of 2024. He further submits that there is a change of circumstances that the co-accused have been granted bail and the final report has been filed before the concerned court.
4.The learned Additional Public Prosecutor has raised serious objections and submits that the Non-Bailable Warrant of arrest is pending against the petitioner. He further submits that this is the petitioner's third application for anticipatory bail and the earlier two applications were dismissed by this Court on 04.01.2024 and 05.02.2024.
5.Considering the submissions made by the learned Additional Public Prosecutor and the Hon'ble Supreme Court has already rejected the request of the petitioner for the grant of anticipatory bail, this Court is not inclined to grant anticipatory bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed. sd/20/06/2024 / TRUE COPY /
/07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
2/3
CRL OP(MD). No.6793 of 2024
SJI
TO
+1 CC to M/s.N.VIGNESH, Advocate ( SR-6866[I] dated 24/06/2024 )
IN
CRL OP(MD) No.6793 of 2024 Date :20/06/2024
RS/JGB/SAR-(02.07.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
3/3
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who has multiple dismissed bail applications and a pending arrest warrant.
Whether the change in circumstances, such as bail for co-accused and final report filing, warrants granting anticipatory bail despite Supreme Court rejection.
3 provisions across 3 enactments
Barnikana Pavan Kumar
The Inspector of Police, Nanguneri Police Station, Tirunelveli District
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
