Madras High CourtCRL OP(MD)/1782/2024dismissed

C.Muthuraman v. The Inspector Of Police

2024-02-06Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI C.MUTHURAMAN ... PETITIONER / ACCUSED No.2 Vs THE INSPECTOR OF POLICE AMBASAMUDRAM POLICE STATION, TIRUNELVELI DISTRICT.

CR.NO.214/2022 ... RESPONDENT / COMPLAINANT For Petitioner :MR. K.SUYAMBULINGABHARATHI Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

TO ENLARGE THE PETITIONER ACCUSED NO.2 ON BAIL IN CONNECTION WITH THE CCNO.653/2023 DT 15.06.2023 BEFORE THE LEARNED PRINCIPAL SPECIAL COURT FOR TRIAL OF NDPS CASES MADURAI IN CR.NO.214/2022 ON THE FILE OF HE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner / Accused No.2, who is facing trial in C.C.No.653 of 2023 on the 1/3

file of the Principal Special Court for trial of NDPS Act Cases, Madurai in connection with Crime No.214 of 2022 for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985, seeks bail.

2. The case of the prosecution is that the petitioner is alleged to have found in possession of 21.150 kgs of ganja.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence. He would further submit that the petitioner is in custody since 18.12.2022 and therefore, he prays for bail.

4. The learned Additional Public Prosecutor appearing for the respondent Police submitted that the quantity involved in this case is a commercial quantity and he opposes for grant of bail to the petitioner. He would further submit that the trial is in progress.

5. Considering the facts and circumstances of the case and also considering the fact that the quantity of contraband involved in this case is a commercial quantity and also considering the fact that the petitioner is not satisfied the twin conditions as required under Section 37 of the NDPS Act, 1985, this Court is not inclined to grant bail to the petitioner.

6. Hence this Criminal Original Petition is disposed of with a direction to the 2/3

learned Principal Special Judge for trial of NDPS Act Cases, Madurai to complete the trial in C.C.No.653 of 2023 as expeditiously as possible. sd/- 06/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO THE PRINCIPAL SPECIAL JUDGE FOR TRIAL OF NDPS CASES, MADURAI.

THE INSPECTOR OF POLICE AMBASAMUDRAM POLICE STATION, TIRUNELVELI DISTRICT. THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.SUYAMBULINGA BHARATHI, Advocate ( SR-1524[I] dated 07/02/2024 )

ORDER

IN Date :06/02/2024 PKP/JGB/SAR /09.02.2024/ 3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3