Madras High CourtCRL OP/10206/2022dismissed

Kimudu Ramaraj v. The State Rep.By

2022-06-29Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.06.2022 CORAM :

THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI Crl.O.P.No.10206 of 2022 Kimudu Ramaraj, S/o. Kimudu Gasiram ... Petitioner Vs.

The State rep. by Inspector of Police, Mettupalayam Circle Police Station, Puducherry Dt.

(Crime No.74 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail pending trial in Spl. S.C.No. 79 of 2021 on the file of learned Special Judge (III Addl. Sessions Judge) at Puducherry.

For Petitioner : Mr.Swamisubramanian For Respondent : Mr.V.Balamurugane Public Prosecutor (Pondy.)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.08.2021 for the alleged offence under Sections 20(b)(ii)(B) of NDPS Act r/w 8(c) of NDPS Act in Crime No.74 of 2021 on the file of the respondent police, seeks bail.

2. However, today, when the matter was taken up for hearing, the learned Public Prosecutor (Puducherry) submitted that as the learned Special Judge (III Addl. Sessions Judge) Puducherry has taken the case on file and the trial was already commenced, the custodial interrogation of the petitioner is required. He would also submit that since the residential area of the petitioner is at Vishakapattinam District, Andhra Pradesh, he will abscond during trial. Hence, he prayed that this petition may be dismissed.

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3. Considering the fact that the trial was already commenced by the learned III Addl. Sessions Judge and the residential area of the petitioner is at Vishakapattinam, his custodial interrogation is necessarily required. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 29/06/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SPECIAL JUDGE (III ADDITIONAL SESSIONS JUDGE)PUDUCHERRY.

2 THE INSPECTOR OF POLICE, METTUPALAYAM CIRCLE POLICE STATION, PUDUCHERRY DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON,PUDUCHERRY.

4 THE PUBLIC PROSECUTOR PUDUCHERRY CC to SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.10206/2022 Date :29/06/2022 CSK 05/07/2022 https://hcservices.ecourts.gov.in/hcservices/