Madras High CourtCRL OP(MD)/7835/2019dismissed

Alexpandian v. The Inspector Of Police

2019-06-28Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.7835 of 2019 ALEXPANDIAN ... PETITIONERS / ACCUSED NO.3 Vs STATE REP. BY THE INSPECTOR OF POLICE, Y.OTHAKADAI POLICE STATION, MADURAI DISTRICT.

IN CRIME NO. 103 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.JAYAPAL Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- This petition has been filed by the petitioner/ sole accused seeking bail for the alleged offence under Sections 8(c)r/w.20(b) (ii)(c) of NDPS Act.

2.Heard both sides.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that he was arrested and remanded to judicial custody on 19.04.2018 and from that date onwards he is in custody. He further submitted this Court by the order dated 15.02.2019 dismissed the bail application filed by the petitioner with a direction to complete the trial within a period of six moths from the date of receipt of a copy of the said order, but so far no progress has been made by the trial court and hence he prayd to grant bail to the petitioner.

4. The learned Government Advocate(Crl.side) would submit that in the previous petition i.e., in Crl.O.P(MD)No.18282 of 2018, the order was passed by this Court on 15.02.2019 to complete the trial https://hcservices.ecourts.gov.in/hcservices/

within six months from the date of receipt of a copy of this order and the said time is not over. He would also submit that there is no change in facts and circumstances of the case and hence he opposed to grant bail to the petitioner.

5. The previous petition filed by the petitioner in Crl.O.P(MD) No.18282 of 2018 seeking bail was dismissed by this Court on 15.02.2019 with a direction to the trial court to dispose of the case within six months from the date of receipt of a copy of the said order.

6. Taking into consideration the facts and circumstances of the case and also considering the fact that the time stipulated by this Court to complete the trial is not yet over and also considering the fact there is no change of circumstances after dismissal of the previous petition, this Court is not inclined to grant bail to the petitioner.

7. Hence the bail application is dismissed.

sd/- 28/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. CC to M/S.M.KARUNANITHI, Advocate SR.No. 10884

ORDER

IN CRL OP(MD) No.7835 of 2019 Date :28/06/2019 JM/VR/SAR 3/04.07.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/