Sameer Ahamed v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Sameer Ahamed ... Petitioner / Sole Accused Vs The Inspector of Police, Nagoor Police Station, Nagapattinam District. (Crime No.70 of 2023). ... Respondent/Complainant

For Petitioner : Mr.H.MOHAMMED IMRAN, Advocate for M/s.Ajmal Associates, Advocate.

For Respondent : Mr.S.Ravi,

Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime no. 70 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/accused was arrested and remanded to judicial custody on

18.02.2023 for the offences punishable under Sections 8(c), 20(b)(ii)(C)of NDPS Act, 1985 in Crime No.70 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that based on secret information, the respondent police conducted check up in Nagroe Yanaikatti Muttu Santhu and at that time, the petitioner was found illegal possession of 21 kgs of Ganja. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case and hence, seeks anticipatory bail.

¶4The learned Additional Public Prosecutor appearing for the respondent would submit it is a second anticipatory bail petition and the earlier petition filed by the petitioner was dismissed by this Court on 12.06.2023. He would further submit that the petitioner and other accused have illegally transported 21kgs Kanja and the investigation of the case is pending and hence, he strongly opposed to grant bail to the petitioner.

¶5Considering the facts and circumstances of the case and also considering the serious nature of allegations made against the petitioner and that there is no change of circumstances after dismissal of the earlier petition, this Court is not inclined to grant bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is dismissed.

sd/-

22/11/2023

/ TRUE COPY /

/12/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TRP To

1.The Inspector of Police, Nagoor Police Station, Nagapattinam District.

2.The Officer Incharge, Sub Jail, Nagapattinam.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to M/s.AJMAL ASSOCIATES, Advocate, SR No.52691(F), dated 23.11.2023. ORDER IN CRL OP(MD) No.18630 of 2023 Date :22/11/2023 ED/SKN/SAR- (11/12/2023) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023