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Madras High CourtCRL OP(MD)/582/2024dismissed

D.Senthilkumar v. The Inspector Of Police

2024-01-11Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI D.SENTHILKUMAR ` ... PETITIONER / 4th ACCUSED Vs THE INSPECTOR OF POLICE PROHIBITION ENFORCEMENT WING (PEW) POLICE STATION, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

CRIME NO. 459 OF 2023.

... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.POORNACHANDRAN Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

FOR BAIL IN CRIME NO.459 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 22.07.2023 for the offence punishable under Sections 8(c) r/w 20(b)(ii)(C) and 25 of NDPS Act in Crime No.459 of 2023 on the file of the respondent police, seeks bail. 1/3

2.The case of the prosecution is that the petitioner is in illegal possession of 409 Kgs 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 second application for bail and the earlier bail application filed by the petitioner in Crl.OP(MD)No.19139 of 2023 was dismissed by this Court on 23.11.2023 on the ground that the contraband recovered is a commercial quantity.

5.Considering the above facts and circumstances of the case and also considering the fact that there is no change in circumstances and since the dismissal of the earlier petition, this Court is not inclined to grant bail to the petitioner.

6. In the result, this Criminal Original Petition is dismissed. sd/- 11/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG 2/3

TO 1 THE INSPECTOR OF POLICE PROHIBITION ENFORCEMENT WING (PEW) POLICE STATION, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI.

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

ORDER

IN Date :11/01/2024 SS/DD/SAR- /24/01/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3