Palaniyandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2024 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Palaniyandi ... Petitioner / Accused No.11 Vs The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

(Crime No.19/2023).

... Respondent/Complainant For Petitioner :

Mr.M.Suresh Advocate.

For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.19/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 14.07.2023 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(c), 25, 27A and 29(1) of NDPS Act, 1985 in Crime No.19 of 2023, on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that on 17.02.2023 at about 8.00 a.m., when the defacto complainant was on duty, he received secret information that near Nerthiyariruppu crematorium area, some persons are found with Ganja. Along with police team, he went to the above said place. At that time, at about 09.00 a.m., they found a four wheeler bearing registration No.TN 38 CR 4612 in a suspicious manner. On search, they found six persons in the vehicle and on seeing the police party, they tried to escape. They were apprehended. A search was made and the vehicle was found in possession of 13 bundles and on further search they found the contraband totally weighing about 26 kgs. That was seized. On the basis of the above said occurrence, case was registered. The petitioner was arrested and remanded to judicial custody on 14.07.2023. Ever since, he is in custody. Seeking bail this petition has been filed on the ground that this case has been foisted upon the petitioner falsely.

3.The learned Additional Pubic Prosecutor would submit that on the basis of the confession statement of the first accused, the involvement of this petitioner came to light and further submitted that the petitioner is involved in five previous cases, similar in nature. Apart from that he is also involved in one robbery and attempt to commit murder. He would further submit that considering the previous antecedents of the petitioner and also considering the gravity of offence, the earlier bail 2/4

application filed by the petitioner was dismissed by this Court on 23.08.2023. Now this is second application. Investigation in this case has been completed and charge sheet also has been filed and the same was taken cognizance in C.C.No.262 of 2023 on the file of the Special Court, Pudukottai. 4.Since the final report has been filed in this case, let the petitioner approach the concerned Court and seek bail, without repeatedly approaching this Court. 5.With the above said direction, this criminal original petition stands dismissed.

sd/- 15/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM To 1.The Additional District and Sessions Judge, Special Court for EC and NDPS Act Cases, Pudukkottai.

2.The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

3/4

3.The Superintendent, Central Prison, Salem.

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

ORDER

IN CRL OP(MD) No.5082 of 2024 Date :15/04/2024 ED/ GS /SAR- (18/04/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4