Tamilselvan v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.19871 of 2025 Tamilselvan ... Petitioner Vs.

The State rep. by The Inspector of Police, PEW Dharapuram Police Station, Tiruppur District.

... Respondent (Cr.No.499 of 2023) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.499 of 2023 on the file of the respondent police, pending investigation. For Petitioner :

Mr.R.T.Vishnu For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 17.04.2023 for the alleged offence under Section 8(C), 20(b)(ii)(C), 25 of NDPS Act, 1985 in Crime No.499 of 2023 on the file of the respondent police, seeks bail.

1/4

2. This Court dismissed the earlier bail application filed by the petitioner in Crl.O.P.No.11151 of 2025 dated 29.04.2025 by observing as follows:

"6.Considering the aforesaid facts and since the contraband seized was a commercial quantity and the petitioner has not satisfied the twin conditions imposed under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner at this stage and accordingly, this Criminal Original Petition is dismissed. However, the petitioner cannot be incarcerated for an indefinite period during the trial. Hence, this Court is inclined to direct the Trial Court to complete the trial as expeditiously as possible. If the trial is not completed within a period of three (3) months, the petitioner is at liberty to renew the bail application."

3. After six months, the petitioner has filed this present bail Petition, this Court has called for the report from the Trial Court. In the report, it revealed that totally 12 witnesses have been cited and the trial was also commenced. P.W.1 to P.W.7 already examined and Ex.P1 to Ex.P4 have been marked. Now the case is posted for chief-examination of the Investigation Officer.

4. Since trial is progressed and the case is pending for examination of Investigation Officer, this Court is not inclined to grant bail to the petitioner. 2/4

5. Accordingly, this Criminal Original Petition is dismissed. Further, the Trial Court is directed to conclude the completion of trial by taking effective steps for examination of Investigation Officer since it is stated that Investigation Officer is not appearing for examination for a very long period. 09.10.2025 ssi To:

1.The Inspector of Police, PEW Dharapuram Police Station, Tiruppur District.

2.The Public Prosecutor, High Court of Madras.

3/4

K.RAJASEKAR , J.

ssi Crl.O.P.No.19871 of 2025 09.10.2025 4/4