S.Asai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI S.ASAI ... PETITIONER/ACCUSED NO.1 Vs THE INSPECTOR OF POLICE TOWN WEST POLICE STATION, THANJAVUR DISTRICT.

CRIME NO. 1260 OF 2023.

... RESPONDENT/COMPLAINANT For Petitioner : No appearance For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

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)(B) and 29(1) of NDPS Act in C.C.No.192 of 2023 on the file of the Additional District and Sessions Judge for E.C. and NDPS Act Cases, 1/3

Thanjavur, in Crime No.1260 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and other accused were found in illegal possession of 15kgs of Ganja. Hence, the case. 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.21546 of 2023 was dismissed by this Court on 30.11.2023 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, 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/- 24/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (CS- I/ II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

sji TO 1.THE INSPECTOR OF POLICE TOWN WEST POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN Date :24/01/2024 RK/GB (01/02/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3