Sivachandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2024 PRESENT :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Sivachandran ... Petitioner/Accused No.6 Vs.

The Inspector of Police, Thiruchendur Police Station, Thoothukudi Distirct.

(Crime No.164 of 2023) ... Respondent/Complainant For Petitioner : Mr.AL.Vijey Devraj,Advocate For Respondent : Mr.S.Ravi Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER:- For Bail in Crime No.164 of 2023 on the file of the respondent herein. ORDER:- The Court made the following order:- The petitioner is Accused No.6, who was arrested and remanded to judicial custody on 10.05.2023, for the offences punishable under Section 8(C) r/w 20(b)(ii) 1/4

(C), 25 of NDPS Act in Crime No.164 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the Inspector of Police stated to have received secret information on 08.05.2023 with regard to the transporting Ganja. Therefore, the police team went to the place of occurrence and found a vehicle bearing registration No.TN92 E 6345 and intercepted . He has stated to be taken to another route. So they went near Kumarapuram area. At that time, they found the above said vehicle parked. The people engaged in loading boxes. On seeing the police party, all the accused persons escaped from that place. Only Ramesh was present in the above said place. He informed that the above said coconut grove belongs to one Abibu and his parents are maintaining the above said grove.

He also stated that one Balan, who is the paternal uncle came to the place along with his friends namely Muthu Dinesh and Saruk Raja for taking bath. Following the above said vehicle, another vehicle bearing registration No.TN 92 D 5342 came to the spot and transporting the boxes to the vehicle parked bearing registration No.TN 92 E 6345. After loading the same, Balan, Iruthaya Jenish, Kalimuthu and Atriyan went away from that place in another vehicle. They made a search in the vehicle parked TN 94 E 6345. It was found loaded with Ganja. Further process was undertaken as per rules. Vehicles were also seized. They found 120 Kgs of Ganja.

above said occurrence, the case was registered in Crime No.154 of 2023 for the offences as stated above. This petitioner was arrested and remanded to judicial custody.

3. Learned Additional Public Prosecutor would submit that charge sheet has been filed before the Special Court for E.C., Act Cases, Madurai and the same was not taken on file.

4. In view of the above submission, let the petitioner approach the concerned Court for bail, without approaching this Court repeatedly.

5. With the above direction, this Criminal Original Petition is dismissed. sd/- 15/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO THE INSPECTOR OF POLICE THIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT.

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THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

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

+1 CC to M/s.S.T.SASIDHARAN TAMILKANI, Advocate ( SR-3253[I] dated 15/03/2024 )

ORDER

IN CRL OP(MD) No.3553 of 2024 Date :15/03/2024 PKP/VR/SAR /20.03.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4