S.Chalapaka Lokeswara Prasad v. The Inspector Of Police
CRL OP(MD). No.6276 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.04.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.6276 of 2023 S.Chalapaka Lokeswara Prasad ... Petitioner/Accused No.9 Vs State rep., by The Inspector of Police, Rameswaram Jetty Police Station, Ramanathapuram District.
(Crime No.103 of 2022) ... Respondent/Complainant For Petitioner : Mr.NA.Manimaran, Advocate For Respondent : Mr.T.Senthilkumar 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/A9, who was arrested and remanded to judicial custody on 23.07.2022 for the offences punishable under Sections 8 (c) r/w 20(b)(ii)(C), 25, 23(c) and 28 of NDPS Act, in Crime No.103 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 23.07.2022 at about 18.00, based on the secret information, the respondent police conducted the ride at Rameswaram near Periya Pallivasal street, at that time, bearing registration No.TN 65 B 7267 AUTO was found and when the same was intercepted, all the accused persons attempted to escape from the scene of occurrence. Except A2, other accused persons were caught by the police and seized two gunny bags weighing of 25 kgs of Ganja from them. The respondent police recorded the confession statement and taken sample and also seized all the materials. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the crime as alleged by the https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.6276 of 2023 prosecution and he has been falsely implicated as an accused only based on the confession of co-accused. He is no way connected with the other accused persons. Hence, he prays bail.
4. The learned Additional Public Prosecutor submitted that the petitioner is the main person behind the entire crime. He is the resident of Andrapradesh and through him, all the other accused persons purchased the contraband regularly. That apart, the petitioner has involved in similar cases and this Court already dismissed the bail petition filed by the co-accused in Crl.O.P(MD). No.6521 of 2023. There are materials to connect the petitioner in this crime.
5. Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. This Court already directed the trial Court to complete the trial within a period of six months. It is made clear that if any accused is long absent before the trial Court, the trial Court further directed to split up the case in respect of appeared accused persons and conduct trial. Accordingly, this Criminal Original Petition is dismissed. sd/- 20/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Rmk To 1 THE JUDGE, PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT CASES, PUDUKOTTAI.
2 THE INSPECTOR OF POLICE, RAMESWARAM JETTY POLICE STATION, RAMANATHAPURAM DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6276 of 2023 Date :20/04/2023 RS//SAR-(25.05.2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2