← Library
Madras High CourtCRL OP/31374/2022dismissed

Tamilarasan v. The State Rep By Its,

2022-12-22Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI,J.

The petitioner who was arrested and remanded to judicial custody on 20.08.2022 for the alleged offence under Sections 8(c) r/w 22(c), 29(1) of NDPS Act, 1985 in Cr.No.344 of 2022, seeks bail.

2. There are totally six accused in this case, in which the petitioner is arrayed as A1. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 25 MDMA tablets, which contains 12.8 grams. Hence, the case.

3.The learned counsel for the petitioner would submit that this is the second application for bail before this Court and the earlier application for bail has been disposed of with a direction to the learned trial Judge to complete the trial within a period of four months from the date of receipt of a copy of this order. Though about 30 days have been lapsed, the trial Court has not yet commenced the trial. He would also submit that the co-accused in this case have already been enlarged bail by this Court and the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) would submit that

the contraband involved in this case is a commercial quantity. He would further submit that in this case, the investigation has been completed and taken for trial in C.C.No.333 of 2022 on the file of the I Additional Special Judge for NDPS Act cases, Chennai. He would also submit that ther petitioner has got some previous cases of similar in nature. Hence, he vehemently opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case 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 with a direction to the learned I Additional Special Judge for NDPS Act cases, Chennai to complete the trial in C.C.No.333 of 2022 within a period of four months finally from the date of receipt of copy of this order. 22.12.2022 vkr T.V.THAMILSELVI,J.

Vkr 22.12.2022