Gubendran v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/10/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Gubendran ... Petitioner/ Accused No.7

Vs State represented by The Inspector of Police, Kadayanallur Police Station, Tenkasi District Cr.No.337 of 2022. ... Respondent/Complainant For Petitioner : M/s.J.WILLIAM CHRISTOPHER

Advocate. For Respondent : Mr.S.RAVI

Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.337 of 2022 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner/ Accused apprehends arrest at the hands of the respondent for the offences under Sections 147, 148, 294(b), 353, 307 and 506(ii) of IPC and Section 25

(1A) of Arms Act, 1959 Section 8(C) r/w 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act and later altered into Sections 8(C) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act in Crime No.337 of 2022, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 03.10.2022 at about 2.30 a.m., based on the secret information, the respondent police went on search in the place of occurrence and went to the house belongs to one Saroja in a suspicious manner, found deadly weapons. At that time Accused Nos.1 to 6 alleged to have attacked the police with deadly weapons. In this incident, the respondent has arrested them and recovered deadly weapons and 500 grams of Ganja and also a vehicle. Based on the confession of the co-accused, this petitioner has been implicated in this case. Hence the complaint.

¶3Learned counsel for the petitioner would submit that the petitioner is innocent, he has not committed any offence as alleged by the prosecution. No specific allegation has been made against the petitioner except giving shelter to the co-accused.

4.Learned Additional Public Prosecutor would submit that the earlier application of the petitioner was also dismissed on the same ground. He further submits that case under Section 307 of IPC was also registered against the accused Nos.1 to 6. In search of the above said persons, the respondent went to the house which was arranged by the petitioner herein for selling Ganja and when the search was made, the accused persons assaulted the police. Accused Nos.1 to 6 were granted regular bail.

¶5Considering the facts and circumstances of this case, eventhough accused Nos.1 to 6 were granted regular bail, that cannot be taken advantage by this petitioner. The petitioner is not entitled for any relief.

¶6Accordingly, this Criminal Original Petition is dismissed.

sd/-

03/10/2023

/ TRUE COPY /

/10/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. PNN TO 1 THE INSPECTOR OF POLICE, KADAYANALLUR POLICE STATION, TENKASI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.17609 of 2023 Date :03/10/2023 SA/DD/SAR. /09.10.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.