Madras High CourtCRL OP(MD)/1595/2021disposed of

Murugan v. The Inspector Of Police

2021-02-05Honourable Mr Justice M. Nirmal Kumar2 pages

CRL OP(MD). No.1595 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.1595 of 2021 Murugan ... Petitioner/Accused No.5 Vs State Rep.by The Inspector of Police, Araalvaimozhi Police Station Kanyakumari District.

Crime No.225 of 2015 ... Respondent/Complainant For Petitioner : Mr.G.S.Mahesh, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail Crime No.225 of 2015 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A5 herein was arrested and remanded to judicial custody on 19.09.2018, for the offence under Sections 8(c) r/w 20 (b), (ii) (c) of NDPS Act, in Crime No.225 of 2015, 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 possession of 90 kgs of Ganja. Hence, the crime has been registered.

3.The learned counsel appearing for the petitioner submitted that the FIR has been registered in the year 2015 and charge sheet has been filed in the year 2016. He further submitted that totally there are five accused in this case, in which, the petitioner has been arrayed as A5. He further submitted that in this case A1 is no more, A2 to A4 have already been arrested and released on bail. He further submitted that totally five witnesses in this cases, out of which, one witness has been examined by the trial Court and remaining four other witnesses have to be examined. He further https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1595 of 2021 submitted that it would suffice, if a direction to be issued to the trial Court to complete the trial within a stipulated period. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that in this case totally there are five accused. He further submitted that 90 kgs of contraband have been seized, which is under commercial quantity. He further submitted the petitioner was arrested under PT warrant on 19.09.2018. He further submitted that the petitioner is having five previous cases. 5.Considering the submission made by the learned counsel appearing for the petitioner, the Principal District Judge, (EC and NDPS Act cases), Madurai is directed to conduct the trial in C.C.No.205 of 2016 on day to day basis and complete the same within period of three months from the date of receipt of a copy of this order.

6.In view of the above direction, this criminal original petition stands disposed of.

sd/- 05/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. TO

1. THE PRINCIPAL DISTRICT JUDGE, (EC AND NDPS ACT CASES), MADURAI.

2. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

3. THE INSPECTOR OF POLICE, ARAALVAIMOZHI POLICE STATION KANYAKUMARI DISTRICT.

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

THE REGISTRAR(JUDICIAL)(I/C.) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.1595 of 2021 Date :05/02/2021 VSG MS/VR/SAR-1/24.02.2021/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2