Madras High CourtCRL OP/14398/2024dismissed

Mari v. The State Rep By

2024-07-02Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.14398 of 2024 T.V.THAMILSELVI, J.

The petitioner/A2, who was arrested and remanded to judicial custody on 26.03.2024, pursuant to the Non-Bailable Warrant of arrest issued against him in C.C.No.399 of 2022 pending on the file of the Special Judge, I Additional Special Court for Exclusive Trial of cases under NDPS Act, Chennai, in connection with Crime No.449 of 2019 registered for the offences under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act, seeks bail.

2. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that due to his ill health, the petitioner failed to appear before the trial Court, he was issued with the non-bailable warrant of arrest and pursuant to the same, he was arrested on 26.03.2024. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and therefore, he prayed for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent raised objection stating that since the petitioner, who is A2 facing trial in C.C.No.399 of 2022 pending on the file of the Special Judge, I Additional Special Court for Exclusive Trial of cases under NDPS Act, Chennai, has failed to appear before the trial Court, the trial Court has issued a NonBailable Warrant against him. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

drl

4. He further submitted that pursuant to NBW issued against the petitioner, he was arrested on 26.03.2024. He further submitted that the case now stands posted on 03.07.2024 for examination of LW10. Therefore, if he is released on bail, there is a possibility of him absconding again and will derail the progress of trial.

5. Taking into consideration the facts and circumstances of the case, the submissions made by the learned Government Advocate (Crl.Side) and also considering the conduct of the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition stands dismissed. However, the trial Court is directed to dispose the case as expeditiously as possible, within a period of four months from the date of receipt of a copy of this order. 02.07.2024 drl Crl.O.P.No.14398 of 2024 https://www.mhc.tn.gov.in/judis