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Madras High CourtCRL MP(MD)/5289/2022ordered

Navaskhan v. The Inspector Of Police

2022-04-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL OP(MD) No.5078 of 2022 NAVASKHAN ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO. 75 OF 2021. ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the order in Crl.OP.(MD).No.5078 of 2022 dated 29.03.2022 and extend the interim bail from 29.04.2022 to 29.10.2022 for the period of six months in CC.No.62 of 2021 file of the Additional District Judge for EC and NDPS Act Cases, Pudukottai.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.JINNAH S.M.A., Advocate for the petitioner and of MR.B.NAMBI SELVAN, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This petition is filed seeking modification in the order that has been passed by this Court, in Crl.OP(MD)No.5078 of 2022, dated 29.03.2022, and extend the interim bail from 29.04.2022 to 29.10.2022 for the period of six months in C.C.No.62 of 2021, on the file of the Additional District Judge for EC and NDPS Act Cases, Pudukottai.

2. A strong objection has been made by the the learned Additional Public Prosecutor to the effect that the contraband involved in this case is more than 280 kgs and the Prison Authorities also ready to provide better treatment to the petitioner if his health condition is not good.

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3.On the earlier occasion, on going through the entire treatment particulars of the petitioner, interim bail was granted to him, so that, he can take treatment out side the prison. 4.Now, the learned Additional Public Prosecutor would submit that if extension of time is granted, there is every likelihood of absconding.

5.It is the submission on the part of the petitioner that even during the course of trial, he voluntarily surrendered before the concerned Court and he will not abscond. The photograph, which was produced before this Court shows that the petitioner is taking treatment.

6.But, however, the learned Additional Public Prosecutor would submit that only ECG test has been taken and it does not show that his health condition is bad in nature.

7.The learned counsel for the petitioner would submit that the Medical Certificate from the Cardiologist stating that he is affected by Coronary Artery Disease and due to which, hyper tension is there. On that ground, he seeks extension of time for taking further treatment.

8.Without going to the other aspects, interim bail that has been already granted to the petitioner in Crl.OP(MD)No.5078 of 2022, dated 29.03.2022, is extended for further period of 1 month and he must appear before the respondent police daily at 10.30 a.m until further orders and his whereabouts is also been kept under watch by the respondent police. After expiring of 1 month time, he must surrender before the Prison Authorities on or before 30.05.2022. It is also made clear that no further extension of time will be granted by this Court. Liberty is granted to the petitioner to approach the concerned Court for regular bail. At the relevant time, he need not approach this Court once again for granting bail and the petition is ordered as above. The surety bond executed shall extend to this period.

sd/- 29/04/2022 / TRUE COPY / 29/04/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL SESSIONS JUDGE, SPECIAL COURT FOR EC AND NDPS ACT CASES, PUDUKKOTTAI.

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2. THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

3. THE OFFICER-INCHARGE, CENTRAL SUB-JAIL, RAMANATHAPURAM.

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

ORDER

IN IN CRL OP(MD) No.5078 of 2022 Date :29/04/2022 dss USK/PN/SAR-III/29.04.2022/3P/5C 3/3