Joseph Canute Sripalan Peeris v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI JOSEPH CANUTE SRIPALAN PEERIS ... Petitioner / 3rd Accused Vs THE INSPECTOR OF POLICE PEW THOOTHUKUDI POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO. 584 OF 2023.) ... Respondent / Complainant For Petitioner :

Mr.R.Anand, Advocate for M/s.R.Niresh Kumar, Advocate For Respondent :

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

PRAYER : FOR BAIL IN CRIME NO.584 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 29.08.2023 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c), 25 and 1/3

29(1) of NDPS Act, 1985, in Crime No.584 of 2023, on the file of the respondent police, seeks, bail.

2.The case of the prosecution is that based on the secret information received, on 28.08.2023, the respondent police had intercepted a Innnova Cystra car bearing Reg.No.TN-07-CK-2123 and the Innova car bearing Reg.No.TN-22-CH-3280 and a Bajaj Pulsar bike bearing registration No.TN-69-AM-9690 at Madurai to Thoothukudi Highways, wherein, all the accused in this case have travelled. Further, in these vehicles, 12 numbers of white color bags which contains 228 kilograms of ganja were found. Hence, the case. 3.Heard the learned counsel on either side and perused the material records of the case.

4.It appears that this is the second application for bail and the earlier bail application filed by the petitioner in Crl.OP(MD)No.20045 of 2023 was dismissed by this Court on 03.01.2024 on the ground that the petitioner has not satisfied the twin conditions as required under Section 37 of the NDPS Act. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case.

5.Considering the above facts and circumstances of the case and also considering the fact that there is no change in circumstances, since the dismissal of 2/3

the earlier petition, this Court is not inclined to grant bail to the petitioner. 6.In the result, this Criminal Original Petition is dismissed with liberty to the petitioner to file a bail application after filing the charge sheet. sd/- 15/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Inspector of Police, PEW-Thoothukudi Police Station, Thoothukudi District.

2.The Superintendent, Central Prison, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date :15/02/2024 ED/ VR /SAR- (20/02/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3