Advocates:
['M/s Sundar R', '', '', 'Muthumari B', 'Public Prosecutor', '', 'COURT NOTICE SERVED']

Crl.OP(MD)No.12139 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Dated: 11/08/2022

PRESENET

The Hon'ble Mr.Justice G.ILANGOVAN

Crl.OP(MD)No.12139 of 2022

Raja

(In the FIR mentioned as

Raja @ Tractor Raja)

: Petitioner/Accused No.2

Vs.

The State rep. By

The Inspector of Police,

NIBCID, Theni,

Theni District.

(Crime No.23 of 2022)

: Respondent/Complainant

For Petitioners

: Mr.R.Sundar

For Respondent

: Mr.P.Kottai Chamy

Additional Public Prosecutor

PETITION FOR ANTICIPATORY BIAL under Sec.438 of Cr.P.C.C

PRAYER:-

For Anticipatory Bail in Crime No.23 of 2022 on the file of the

Respondent Police.

ORDER : The Court made the following order:-

The petitioner, who is arrayed as A2 apprehending arrest at the

hands of the respondent police for the offences punishable under

sections 8(c) r/w 20(b)(ii)(8) and 29(1) of NDPS Act, in Crime No.23

of 2022 on the file of the respondent police, seeks anticipatory

bail.

2.The case of the prosecution is that on 30/06/2022, on a

secrete information, the de-facto complainant along with the police

team were in the surveillance. At about 7.50 pm, the police informer

identified the accused persons, who were found in carrying gunny

bag. Search was made. On search, they were found in possession of 6

kgs of ganja and further samplings were undertaken as per the

procedure. On the basis of the above said occurrence, the case was

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Crl.OP(MD)No.12139 of 2022

registered.

3.During the course of investigation, A1 revealed his name as

Muthai @ Oothai Muthaiah and he was arrested and remanded to

judicial custody. He gave confession to the effect that he used to

purchase the contraband from this petitioner, who is arrayed as A2.

On the basis of the above said confession, he has arrayed as an

accused.

4.Seeking anticipatory bail, this petition has been

filed by the petitioner stating that except the confession statement

of this petitioner, no other material has been collected to show the

involvement of this petitioner. He is only a tractor driver and he

has been falsely implicated.

5.The learned Government Advocate (Criminal side) would submit

that this petitioner is have bad antecedent and he is also involved

in three cases and he was also convicted in Crime Nos.350 of 2011

and 240 of 2013. It is further submitted by the learned Government

Advocate (Criminal side) that CDR report reveals the contact

between A1 and this petitioner. Only on the basis of the above

contact, the involvement of the petitioner has further got to be

investigated. For that purpose, the custodial interrogation of the

petitioner is required and he is not entitled for anticipatory bail.

6.It is seen from the records that the petitioner is not

keeping his good conduct. He was also convicted for the offence

under section 387 IPC. When prima facie material has been collected

by the Investigating Officer to show the contact of A1 and this

petitioner, the petitioner must be subjected to custodial

interrogation to find out the connection with A1.

7.Considering the bad antecedent of the petitioner, he is not

entitled for the discretionary relief of anticipatory bail.

Accordingly, this criminal original petition is dismissed.

sd/-

11/08/2022

/ TRUE COPY /

/08/2022

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

ER

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Crl.OP(MD)No.12139 of 2022

Note : In view of the present lock down owing to COVID-19 pandemic,

a web copy of the order may be utilized for official purposes, but,

ensuring that the