Bheem @ Palaniyandi @ Bharathi Bheema v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/01/2025 PRESENT The HONOURABLE MR. JUSTICE G.ILANGOVAN CRL OP(MD). No.1264 of 2025 Bheem @ Palaniyandi @ Bharathi Bheema ... Petitioner/Accused No.11 Vs.

The State of Tamilnadu, Rep. by the Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

(In Crime No. 19 of 2023).

... Respondent/Complainant For Petitioner : M/s.Venkatachalam.D, Advocate.

For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bain in C.C.No.262 of 2023, on the file of Learned Addl. District and Session Judge / Presiding Officer, Special Court for E.C. and NDPS Act Cases, Pudukkottai and thus render Justice. 1/4

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 14.07.2023 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(c), 25, 27A and 29(1) of NDPS Act, 1985 in Crime No.19 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 17.02.2023 at about 8.00 a.m., when the defacto complainant was on duty, he received secret information that near Nerthiyariruppu crematorium area, some persons are found with Ganja. Along with police team, he went to the above said place. At that time, at about 09.00 a.m., they found a four wheeler bearing registration No.TN 38 CR 4612 in a suspicious manner. On search, they found six persons in the vehicle and on seeing the police party, they tried to escape. They were apprehended.

A search was made and the vehicle was found in possession of 13 bundles and on further search they found the contraband totally weighing about 26 kgs. That was seized. On the basis of the above said occurrence, case was registered. The petitioner was arrested and remanded to judicial custody on 14.07.2023. Ever since, he is in custody. Seeking bail this petition has been filed on the ground that this case has been foisted upon the petitioner falsely.

3.Considering the gravity of the offence, earlier applications filed by the petitioner was dismissed by this Court.

4.This application is filed by the petitioner on the ground that the petitioner is inside the prison more than a year.

5.Report was called for from the trial Court. Report received from the trial Court stating that the accused appeared before the trial Court on 28.01.2025 and charges were framed on 28.01.2025. The matter is posted on 01.02.2025 for examination of witnesses and it will be completed on or before 20.03.2025. 6.In view of the above said report submitted by the trial Court, I find no reason to enlarge the petitioner on bail at this stage. The trial Court shall complete the trial process within the time mentioned in its Report. Liberty is granted to the petitioner to move the concerned trial Court itself seeking bail, if trial could not be completed within that time.

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7.With the above said directions and liberty, this criminal original petition stands dismissed.

Sd/- 30/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai -625 023 TM TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE/ PRESIDING OFFICER, SPECIAL COURT FOR E.C., AND NDPS ACT CASES, PUDUKKOTTAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE INSPECTOR OF POLICE, A.MUKKULAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER IN CRL OP(MD) No.1264 of 2025 Date :30/01/2025 ES/SKN/SAR /07.02.2025/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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