Nalini v. The State Rep By

Crl.O.P.No.1075 of 2023 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 25.05.2022 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C) of NDPS Act in Crime No.23 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 20.100 kgs of Ganja. Hence the complaint.

3.The learned counsel for the petitioner would submit that this is the second application for anticipatory bail and the earlier application for anticipatory bail was dismissed by this Court on the ground that there are four previous cases pending against her. He would further submit that the petitioner is ready to abide by any stringent conditions imposed by this Court and she is in judicial custody from 25.05.2022. Therefore, he prays for grant of bail to the petitioner.

4.Per contra, the learned Additional Public Prosecutor would submit that the petitioner is a habitual offender against whom there are four previous cases pending which are similar in nature. He would further submit that the final report has been filed but the case is not taken up on file. Hence, he vehemently opposed for the grant of bail to the petitioner. 5.Taking into account the nature of offence and the previous antecedents of the petitioner and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. However, the learned trial Judge is directed to take the case on file within a period of one week from the date of receipt of copy of this order and complete the trial as expeditiously as possible, preferably within a period of three months thereafter.

19.01.2023

vkr T.V.THAMILSELVI, J.

vkr Crl.O.P.No.1075 of 2023 19.01.2023