Kubendran v. The Inspector Of Police

CRL OP(MD). No.1645 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/01/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.1645 of 2023

1. Kubendran

2. Mayee ... Petitioners/Accused No.5 & 6 Vs The State Rep.by The Inspector of Police, Austinpatti Police Station, Madurai District.

Cr.No.67/2022.

... Respondent/Complainant For Petitioner : M/s.Gunasekaran Pandiyan.K, Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.67 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as A5 and A6 were arrested on 29.03.2022 and remanded to judicial custody for the alleged offences punishable under Sections 8(C) r/w 20(b)(ii)(c), 25, 29(1) of NDPS Act, in Crime No.67 of 2022, seek bail.

2.The case of the prosecution is that on 24.03.2022 at about 01.00 p.m., on secrete information, the defacto complainant along with police party conducted vehicle check up near Uchapatti Temple, at that time, the Car bearing registration No.TN-02-H-1008 was intercepted and four persons were found in the vehicle. On search, they were found in possession of 322 kgs. of ganja. Based upon that further process was undertaken.

3.The earlier application filed by the petitioners was dismissed by this Court on the ground that the petitioner has not complied the Section 37 of the NDPS Act. Now this petition has been filed on the ground that only based on the confession of the other https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.1645 of 2023 accused person, this petitioners have been arrayed and no previous bad antecedents noted against the petitioners. 4.The learned Additional Public Prosecutor submitted that investigation has been completed and final report was filed before the Special Court and the same was taken cognizance in C.C.No.312 of 2022. Now it was posted for examination of witnesses. 5.Since the final report has been filed and the same has been taken cognizance, the petitioners can approach the concerned Court for bail.

6.With the above liberty, this criminal original petition is dismissed.

sd/- 30/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2 THE INSPECTOR OF POLICE AUSTINPATTI POLICE STATION, MADURAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.GUNASEKARAN PANDIYAN.K Advocate SR.No.1361.

ORDER

IN CRL OP(MD) No.1645 of 2023 Date :30/01/2023 TM MK/SAR-II(04.02.2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2