Marudhupandi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Marudhupandi, S/o Duraipandi, No. 1/1 Merkku Veli Veethi, Paravai, Madurai District.
... Petitioner/Accused 1 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thirukattupalli Police Station, Thanjavur District. Crime No. 274/2024.
... Respondent/Complainant For Petitioner : Mr.Sakthivel.K, Advocate.
For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.274 of 2024 on the file of the respondent police. 1/4
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner/A1 on 08.01.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.
2. The petitioner/ A1 was arrested and remanded to judicial custody on 17.06.2024 for the offence punishable under Section 8(c) r/w 20(b)(ii)(c) of NDPS Act, 1985 in Crime No.274 of 2024 on the file of the respondent-police.
3. The case of the prosecution is that on 17.06.2024, at about 13.00 hours, based on the secret information, the respondent police intercepted the accused persons and found that the petitioner/A1 was in possession of 7 bags of ganja and A2 was in possession of 5 bags of ganja, weighing a total of 27kgs and 370 grams of ganja. Hence, the complaint.
4. Mr.K.Sakthivel, learned counsel appearing for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner has been in judicial custody since 17.06.2024 and he is ready to obey the condition to be imposed by this Court and prays for granting bail to the petitioner.
5. Per contra, Mr.R. Meenakshi Sundaram, learned Additional Public Prosecutor 2/4
appearing for the respondent-police, submits that in this case, investigation has been completed and charge sheet has also been filed in CC.No.148 of 2024 on 07.12.2024 and the case is posted on 17.02.2025. He further submits that it is a commercial quantity, and the petitioner has one previous case, which is civil in nature. However, he opposes to grant bail to the petitioner.
6. Heard on both sides. This Court has perused the records.
7. In view of the quantity of ganja allegedly in possession of the petitioner, this Court is of the view that if the petitioner is enlarged on bail, he may cause threat to the witnesses and commit a similar offense. Considering the above, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, the trial Court is directed to complete the trial in CC.No.148 of 2024 as expeditiously as possible. The prosecution agency is directed to co-operate with the trial Court for speedy disposal of the case. sd/- 07/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
RMK TO 1 THE JUDGE, SPECIAL COURT FOR EC ACT AND NDPS ACT CASES, THANJAVUR. 3/4
2 THE INSPECTOR OF POLICE, THIRUKATTUPALLI POLICE STATION, THANJAVUR DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, PUDUKOTTAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.542 of 2025 Date :07/02/2025 SS/SKN/SAR. /24.02.2025/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4