Panapandiyammal v. The Inspector Of Police

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 PANAPANDIYAMMAL ... PETITIONER / ACCUSED No.1 Vs THE INSPECTOR OF POLICE MADURAI NIBCID POLICE STATION, MADURAI DISTRICT.

(CRIME NO.7 OF 2022) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.SELVAKUMAR.S Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

To release the petitioner/accused on bail in C.C.No.1245/2022 on the file of the Learned Principal District Judge Trail for EC and NDPS Act Cases, Madurai in Crime No.7 of 2022 on the file of the Respondent Police. 1/3

ORDER : The Court Made the following order :- The petitioner/A1, who is facing trial for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) and 29(1) of NDPS Act in C.C.No.1245 of 2022 on the file of the learned Principal District Judge Trial for EC & NDPS Act Cases, Madurai in Crime No.07 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner is in illegal possession of 21.300 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.6625 of 2023 was dismissed by this Court on 11.04.2023 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 and since the dismissal of the earlier petition, this Court is not inclined to grant bail to the petitioner. 2/3

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 TO 1 THE PRINCIPAL DISTRICT JUDGE TRAIL FOR EC AND NDPS ACT CASES, MADURAI 2 THE INSPECTOR OF POLICE MADURAI NIBCID POLICE STATION, MADURAI DISTRICT.

3 THE SUPERINTENDENT, SPECIAL PRISON FOR WOMEN, MADURAI.

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

ORDER

IN Date :11/01/2024 SS/DD/SAR- /24/01/2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3