Madras High CourtCRL OP(MD)/1042/2019disposed of

Sivakumar @ Valaipala Siva, v. The Inspector Of Police

2019-02-04Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.1042 of 2019 SIVAKUMAR @ VALAIPALA SIVA ... PETITIONER / ACCUSED No. 1 Vs STATE THROUGH THE INSPECTOR OF POLICE OTHAKADAI POLICE STATION, MADURAI DISTRICT.

CRIME NO.103 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.JAYAPAL Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody since 28.03.2018 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c) of NDPS Act in Crime No.103 of 2018, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 23.02.2018 at about 17.00 hours while the Inspector is conducting raid along with his party nearby Rajakkoor Apartment, he found that the accused Nos.4 to 9 were in possession of 21 kgs of ganja as joint possession thereafter, they arrested the accused persons. 3.The learned counsel for the petitioner would submit that in an earlier occasion, this Court has dismissed the bail application. This is the second bail application. However, he restricted his prayer that it would suffice, if a direction is issued to the Lower Court to complete the trial, within a stipulated period. 4.It appears that the Law Enforcing Agency, after completing investigation, laid charge sheet against the accused persons before the Principal Special Court for EC & NDPS Act Cases, Madurai in C.C.No.246 of 2018. In this circumstances, this Court is inclined https://hcservices.ecourts.gov.in/hcservices/

to direct the Principal Special Court for EC & NDPS Act Cases, Madurai to dispose of the case in C.C.No.246 of 2018, within a period of six months from the date of receipt of a copy of this order.

5.Accordingly, this Criminal Original Petition is disposed of. sd/- 04/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SPECIAL JUDGE EC AND NDPS ACT CASES, MADURAI 2 THE INSPECTOR OF POLICE OTHAKADAI POLICE STATION, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.1042 of 2019 Date :04/02/2019 TK/PN/SAR-I/20.02.2019-2P/5C https://hcservices.ecourts.gov.in/hcservices/