Ganesan v. The Inspector Of Police

CRL OP(MD). No.103 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.103 of 2023 Ganesan ... Petitioner/Accused No.5 Vs The State Rep. by, The Inspector of Police, Odaipatti Police Station, Theni District.

Crime No. 52/2022.

... Respondent/Complainant For Petitioner : M/s. Pitchai Muthu.M, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.52 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A5, who is facing a trial for the offence punishable under Sections 8(c) r/w 20(b)(ii)(C), 29(1) and 25 of NDPS Act in C.C.No.743 of 2022 on the file of the Special Court for Communal Clash Cases, Madurai in crime No.52 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 were found in illegal possession of 84kgs of Ganja. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that though there are several grounds for grant of bail, he would not insist for bail and he would only pray that the direction may be issued to the learned Trial Judge to complete the trial within a specified period.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.103 of 2023 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the charge sheet has been filed and the case has also been taken up for trial in C.C.No.743 of 2022 on the file of the Special Court for Communal Clash Cases, Madurai and there are 9 witnesses in this case and that the prosecution would be able to complete the trial within a period of three months. 5.Heard. Perused the materials available on record including the First Information Report.

6.Taking into consideration the facts and the submissions made by the learned counsels, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed with a direction to the Special Court for Communal Clash Cases, Madurai to complete the trial in C.C.No.743 of 2022 as expeditiously as possible, preferably, within a period of four months from the date of receipt of a copy of this order.

sd/- 05/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. THE SPECIAL JUDGE, SPECIAL COURT FOR COMMUNAL CLASH CASES, MADURAI.

2. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3. THE INSPECTOR OF POLICE, ODAIPATTI POLICE STATION, THENI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.103 of 2023 Date :05/01/2023 USK/SSS/SAR-II/10.01.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2