Velankanni Jenifer 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 VELANKANNI JENIFER ... PETITIONER/ACCUSED 1 Vs THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT, CRIME NO.54/2023 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.PRABAKARAN.L Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:- TO ENLARGE THE PETITIONER ON BAIL IN CC.NO.780/2023 IN CRIME NO.54/2023 ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, (NDPS COURT), MADURAI.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.02.2023 for the alleged offence under Sections 8(c) r/w. 20(b)(ii)(B) and 22(C) of 1/3

NDPS Act, 1985 in Crime No.54 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused persons were in illegal possession of 1.100 kgs of Ganja and 100 grams of mushroom which is a commercial quantity. 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that this is the fourth application for bail and the earlier bail application filed in Crl.OP(MD)No.7028 of 2023 was withdrawn by the petitioner on 18.04.2023 and the subsequent applications filed in Crl.O.P(MD).Nos.9883 and 20903 of 2023 were dismissed by this Court on 14.06.2023 and 21.11.2023 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 2/3

considering the fact that there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, (NDPS COURT), MADURAI 2 THE OFFICER INCHARGE, SUB JAIL, NILAKOTTAI.

3 THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT.

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

ORDER IN Date :10/01/2024 SA/JGB/SAR. /29.01.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3