Thanga Kannan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). 5901 of 2023 Thanga Kannan

... Petitioner/Accused No.2

Vs State Rep.by The Inspector of Police, NIB CID, Theni, Theni District (Crime No.27 of 2022). ... Respondent/Complainant For Petitioner : Mr.S.Muniyandi, Advocate For Respondent : Mr.T.Senthilkumar

Additional Public PRosecutor PETITION FOR Anticipatory Bail Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.27 of 2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c), 20(b)(ii)(B) and 29(1) of NDPS Act, 1985, in Crime No.27 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that when the respondent police conducted an inspection at Allinagaram, the first accused was found in illegal possession of 12kg of Ganja and the first accused gave confession statement before the police that he purchased the contraband from the petitioner. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner is having one previous case that is similar in nature.

5.Taking into consideration of the facts and circumstances of the case and though the petitioner has been involved in this case based upon the confession statement given by A1, he is having one previous case for similar in nature. Since the custodial interrogation of the petitioner is required, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed. sd/- 30/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. Rmk To 1 THE INSPECTOR OF POLICE, NIB CID, THENI, THENI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.5901 of 2023 Date :30/03/2023 RS/SSS/SAR-4(10.04.2023) 2P 3C