Murugan @ Pettikadai Murugan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/03/2025 PRESENT The HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.3332 of 2025 Murugan @ Pettikadai Murugan ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep.By, the Inspector of Police, NIB-CID, Theni.
(Crime No.15 of 2019).
... Respondent/Complainant For Petitioner :
Mr.S.Jeyaprakash Advocate For Respondent :
Mr.R.Meenakshi Sundaram Additional Public Prosecutor PRAYER :- For Bail in Crime No.15 of 2019 on the file of the Respondent Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 19.02.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail.
2. The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 20.09.2024 for the alleged offences under Sections 8(c) r/w. 20(b)(ii)(C) of
NDPS Act in C.C.No.15 of 2020 on the file of the II Additional Special Court for Trial of Narcotics Drugs and Psychotropic Substances Act cases, Madurai in Crime No.15 of 2019 on the file of the respondent police, seeks bail.
3. The case of the prosecution is that based on secret information about transportation of Ganja on a vehicle, the respondent - Police recovered 21 Kgs of Ganja from two accused and which was supplied by petitioner herein. Hence, the petitioner was arrested and thereafter, released on bail. The respondent-police filed a charge sheet before the trial Court and the same is pending in C.C.No.20 of 2020. Due to non- appearance, Non bailable warrant was issued against the petitioner and the same was executed on 20.09.2024.
4. Mr.S.Jeyaprakash, learned counsel appearing for the petitioner submits that due to ill-health, the petitioner was unable to appear before the trial Court on 20.09.2021. He further submits that earlier petition filed by the petitioner was withdrawn by him vide order, dated 08.01.2025 in Crl.O.P(MD).No.22662 of 2024. He further submits that the petitioner is in judicial custody from 20.09.2024 and seeks bail.
5. Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-Police submits that in this case PW.1 was examined and now, the case is posted for examination of PW.2 on 03.04.2025 and therefore, at this stage, if the petitioner is enlarged on bail, he may abscond and thereby delay the trial proceedings.
6. Heard both sides and perused the records.
7. It is seen that petitioner, though earlier granted bail failed to appear before the Court, leading to issuance of a Non Bailable warrant. He was subsequently arrested after a prolonged period of three years, if the petitioner again released on bail, he will abscond and thereby, delay the trial proceedings. Hence, considering the stage of the trial, this Court is not inclined to enlarge the petitioner on bail. However, considering the period of incarceration and also the co-accused are in prison, this Court requests the trial Court to conclude the trial in a expeditious manner. The prosecuting agency as well as the petitioner is directed to co-operate with trial Court for expeditious disposal.
8. Accordingly, this Criminal Original Petition is dismissed. Sd/- 25.03.2025 // True Copy // /04/2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai.
TRP TO 1 THE II ADDITIONAL SPECIAL COURT FOR TRIAL OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT CASES, MADURAI. 2 THE INSPECTOR OF POLICE, NIB-CID, THENI.
3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.3332 of 2025 Date :25/03/2025 RS (17/04/2025) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.