A.Ayyarkalai v. The Inspector Of Police

CRL OP(MD). No.941 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.04.2022 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.941 of 2022 Ayyarkalai @ Ayyar ... Petitioner/Accused Vs The State represented by The Inspector of Police, Ambathurai Police Station, Dindigul District.

Crime No.6 of 2021 ... Respondent/Complainant For Petitioner : Mr.NA.Manimaran, Advocate For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.6 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested in connection with the case in Crime No.6 of 2021 on the file of the respondent Police, for the offence under Sections 8(c) r/w. 20(b)(ii)(C) of NDPS Act and remanded to judicial custody on 03.01.2021, moved this petition seeking bail.

2. This is the second bail petition. The earlier bail petition was dismissed by this Court on 08.10.2021, in view of provision under Section 37 of NDPS Act, the quantity of the contraband involved in this case and the antecedent of the petitioner.

3. The learned counsel appearing for the petitioner submits that this case is foisted one, since on the same day another case in Crime No. 7 of 2021 has also been foisted against the petitioner within half-an-hour, but, both the cases are registered at the same time, whereas the occurrence places are different. Therefore, he prays for grant of bail.

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CRL OP(MD). No.941 of 2022

4. The very same ground was also raised by the learned counsel for the petitioner before this Court while hearing the earlier bail petition and this Court also considered the same in detail and in view of provision under Section 37 of NDPS Act, this Court dismissed the earlier bail petition.

5. Since there is no change in circumstances of the case, after the dismissal of the earlier bail petition, this Court is not inclined to entertain this petition. Accordingly, the Criminal Original Petition is dismissed.

6. At this juncture, the learned counsel for the petitioner submits that the petitioner is languishing in jail from 03.01.2021. Therefore, he requests for speedy trial.

7. Considering the period of incarceration, the trial Court, namely, the Special Principal and District Court for NDPS Act Cases, Madurai, is directed to complete the trial in C.C.No.160 of 2021 and dispose of the same, within a period of six months from the date of receipt of a copy of this order.

sd/- 06/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL PRINCIPAL AND DISTRICT COURT FOR NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE AMBATHURAI POLICE STATION, DINDIGUL DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

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

ORDER

IN CRL OP(MD) No.941 of 2022 Date :06/04/2022 SS/SVR/SAR:IV/13.04.2022 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2