Indra v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 INDRA 2 RAMESH ... PETITIONERS / ACCUSED RANK 13 AND 14 Vs THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

CR.NO.355/2023 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.GUNASEKARA PANDIYAN.K Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

FOR BAIL IN CRIME NO. 355/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 04.11.2023 for the offence punishable under Sections 8(C) r/w 20(b)(ii)(B), 25, 29(1) 1/4

of NDPS Act and Section 116 IPC altered into Sections 8(C) r/w 20(b)(ii)(C), 25, 29(1) of NDPS Act and Section 116 IPC in Crime No.355 of 2023, on the file of the respondent Police, seek bail.

2.The case of the prosecution is that based on the secret information, the respondent Police intercepted the vehicle and seized 50 Kgs of Ganja from the accused. Hence the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution. He would further submit that the petitioners were arrested and remanded to judicial custody on 04.11.2023. Hence, he prayed for bail. 4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that this is third petition for bail petition and earlier two petitions were dismissed by this Court. He would further submit that there is no change in circumstances. Accordingly, he prayed to dismiss the present petition. 2/4

5.It is seen that the contraband involved in the present case is a commercial quantity. That apart, this is third petition for bail and there is no change in circumstances. In view of the same, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 28/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT. 2 THE OFFICER INCHARGE, KOKKIRAKULAM WOMEN PRISON, TIRUNELVELI.

3 THE SUPERINTENDENT, PALAYAMKOTTAI CENTRAL PRISON, TIRUNELVELI.

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

+1 CC to M/s.K.GUNASEKARA PANDIYAN, Advocate ( SR-3955[I] dated 28/03/2024 ) 3/4

ORDER

IN Date :28/03/2024 SS/GS/SAR- /17/04/2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4