Naveenkumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12933 of 2023 Naveenkumar ... Petitioner/Accused Rank No.2

Vs The State represented by The Inspector of Police, Usilampatti Taluk Police Station, Madurai District. (In Crime No.200/2023).. ... Respondent/Complainant For Petitioner : B.Arun,

Advocate. For Respondent : Mr.S.Ravi,

Additional Public Prosecutor

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.200/2023 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 offence punishable under Sections 8(c), 20(b)(ii)(B), 25 of NDPS Act, in Crime No.200 of 2023, seeks anticipatory bail.

¶2The case of the prosecution is that based on the secret information received by the Police party, the respondent police went to the occurrence place, on seeing the police party the accused persons attempted to run away, the respondent police nabbed and enquired the accused persons and found in possession of 6 Kgs of ganja.

¶3The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and a false case has been foisted against this petitioner. He further submitted that the petitioner was not available in the occurrence place and at that time he was very much available in Thanjavur.

¶4The learned Additional Government Pleader appearing for the respondent police submitted that the first accused has given a confession statement that he and this petitioner only purchased the said Ganja from Andra Pradesh and sold the same in Tamil Nadu. He would further submit that the custodial interrogation of the petitioner in this case is very much necessary.

¶5On perusal of CD file, it shows that based on the confession statement of the co-accused, the involvement of the petitioner came to light. It is also seen that the petitioner along with the other accused has purchased the Ganja from Andra Pradesh and sold the same in Tamil Nadu.

¶6Considering the facts and circumstance of this case and gravity of the offence, this Court feels that the custodial interrogation of the petitioner is very much essential, so the petitioner is not entitled to the discretionary relief of anticipatory bail. In the result, this Criminal Original Petition is dismissed.

sd/-

17/07/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. tta TO 1 THE INSPECTOR OF POLICE USILAMPATTI TALUK POLICE STATION, MADURAI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. ORDER IN CRL OP(MD) No.12933 of 2023 Date :17/07/2023 SS/VR/22/08/2023/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023