Sameer Ahamed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SAMEER AHAMED ... Petitioner / Sole Accused Vs THE INSPECTOR OF POLICE NAGOOR POLICE STATION, NAGAPATTINAM DISTRICT.

(CRIME NO.70 OF 2023.) ... Respondent / Complainant For Petitioner :

M/s.S.Mohamed Suhail, Advocate for M/S. AJMAL ASSOCIATES Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : FOR BAIL IN CRIME NO.70 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

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ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 18.02.2023 for the alleged offence under Sections 8(c) and 20(b)(ii)(C) of NDPS Act, 1985 in Crime No.70 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on secret information, the respondent Police conducted search in Nagoor Yaanai Kutti Mudukku, Nagapattinam and during that time, the petitioner was found in possession of 21.1 kg of Ganja. Hence, the complaint.

3.Heard the learned counsel on either side and perused the material records of the case.

4.It appears that this is the third application for bail and the earlier bail applications filed by the petitioner in Crl.OP(MD)Nos.8773 and 18630 of 2023 were dismissed by this Court on 12.06.2023 and 22.11.2023 on the ground that the petitioner has not satisfied the twin conditions as required under Section 37 of the NDPS Act. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case. 5.Considering the above facts and circumstances of the case and also considering the fact that there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

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6.In the result, this Criminal Original Petition is dismissed. sd/- 10/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB To 1.The Inspector of Police, Nagoor Police Station, Nagapattinam District.

2.The Officer Incharge, Sub Jail, Nagapattinam.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M/S.AJMAL ASSOCIATES, Advocate ( SR-542[I] dated 11/01/2024 )

ORDER

IN Date :10/01/2024 ED/ JGB /SAR- (22/01/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3