Antony Raj v. The Inspector Of Police
CRL OP(MD). No.6521 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.6521 of 2023 Antony Raj, ... Petitioner/Accused No.6 Vs The State rep.by The Inspector of Police, Jetty Police Station, Ramanathapuram District.
Cr.No.103/2022.
... Respondent/Complainant For Petitioner : M/s.Jegadeesha Pandian V.M., Advocate. For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor.
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 103/2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner / Accused No.6, who was arrested and remanded to judicial custody on 23.07.2022 for the offence under Sections 8(c), 20(b)(ii)(B), 23(c), 25 and 28 of Narcotic Drugs and Psychotropic Act, 1985 in Crime No.103 of 2022 on the file of the respondent, seeks bail.
2. The case of the prosecution is that based on the secret information received by the respondent, on 23.07.2022, the respondent went to Old Sri Ram Theatre Karuvelam Trees, wherein 8 accused persons were discussed and on seeing them, Accused No.2 ran away from the spot and the respondent Police arrested 7 other accused persons and seized two white plastic bags, wherein 12.500 kgs of Ganja each, totally to the tune of 30 kgs were found. Based on the seizure, the respondent Police registered the F.I.R in Crime No.103 of 2022 against the petitioner and 7 named accused.
3. The learned counsel appearing for the petitioner would submit that the petitioner is no way connected with the said offence and the respondent Police have not seized any contraband from the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was present in the https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.6521 of 2023 scene of occurrence and he was arrested with along contraband. He would further submit that investigation has been completed and charge-sheet has been filed and the same has been taken on file in C.C.No.43 of 2023 on the file of the NDPS Court, Pudukkottai and opposed for granting bail to the petitioner.
5. Heard. Perused the materials available on record including the First Information Report.
6. It is seen that there are totally six accused, in which the petitioner is arraigned as Accused No.6. Earlier, the petitioner approached this Court by filing a bail application in Crl.O.P(MD) No.22249 of 2022 and the same was dismissed, by order, dated 23.01.2023. The petitioner along with other co-accused were found in possession of 25 kgs of Ganja. Now, the respondent completed the investigation and filed a final report and the same has been taken cognizance in C.C.No.43 of 2023 on the file of the NDPS Court, Pudukkottai.
7.Considering the above facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, the trial Court is directed to complete the trial within in a period of six months from the date of receipt of a copy of this order.
sd/- 10/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PS TO 1 THE ADDITIONAL DISTRICT JUDGE FOR EC AND NDPS ACT CASES, PUDUKOTTAI.
2 THE INSPECTOR OF POLICE, JETTY POLICE STATION, RAMANATHAPURAM DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
1 THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2 THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.6521 of 2023 Date :10/04/2023 SA/VR/SAR.2/12.04.2023/2P/7C https://www.mhc.tn.gov.in/judis 2/2