Madras High CourtCRL OP(MD)/6942/2019dismissed

A.Kumarappa v. The Inspector Of Police

2019-06-20Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 20/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.6942 of 2019 A.Kumarappa ... Petitioner/1st Accused Vs The State of Tamil Nadu, Rep.by The Inspector of Police, Narcotics Intelligence Bureau(NIB-CID) Ramanathapuram District, Crime No. 8 of 2019. ... Respondent/Complainant For Petitioner : M/s.C.K.M.Appaji, Advocate.

For Respondent : V. Neelakandan Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For bail in Crime No. 8 of 2019 on the file of the respondent police ORDER : The Court Made the following order :- This petition has been filed by the petitioner/ accused no. 1 seeking bail for the alleged offence under Section 8(c) r/w.20(b) (ii)(C), 25,28 and 29(1) of the Narcotic Drugs and Psychotropic substances Act.

2. Heard both sides

3. The learned counsel for the petitioner would submit the petitioner is innocent and he has been falsely implicated in the above case. He would further submit that the petitioner was arrested and remanded to judicial custody on 07.02.2019 and he is in custody. Hence he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the quantity involved is commercial quantity and previous application filed by the petitioner in Crl.O.P (MD) No.3835 of 2019 was dismissed by this Court on 14.03.2019. He would also submit that investigation in this over and the https://hcservices.ecourts.gov.in/hcservices/

respondent police is going to file charge sheet within a week before the concerned Court. Hence he opposed for grant of bail.

5. In this case the Ganja involved is huge quantity i.e.,196 Kgs. Further this is the second application . The petitioner has not shown any change of circumstances. Hence this Court is not inclined to grant bail to the petitioner.

6. In the result, this Criminal Original Petition stands dismissed. Taking into consideration of the fact that the petitioner is in custody from 07.02.2019 and also the submissions made by the learned Additional Public Prosecutor that already investigation has been completed, the respondent is directed to file final report within a week from the date of receipt of a copy of this order and thereafter within three months the trial court shall dispose of the case in accordance with law.

sd/- 20/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE ADDITIONAL SESSIONS JUDGE CUM SPECIAL COURT FOR ESSENTIAL COMMODITIES ACT AND NARCOTICS DRUGS AND PSYCHOTHERAPIC SUBSTANCES ACT, PUDUKKOTTAI.

2.THE INSPECTOR OF POLICE NARCOTICS INTELLIGENCE BUREAU (NIB-CID) RAMANATHAPURAM DISTRICT, 3.THE OFFICER INCHARGE, SUB JAIL, RAMANATHAPURAM DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.K.M.APPAJI Advocate SR.No.10284

ORDER

IN CRL OP(MD) No.6942 of 2019 Date :20/06/2019 aav PK/PN/SAR-4/02.07.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/