Mohamed Hanifa v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.06.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Mohamed Hanifa ... Petitioner/Sole Accused Vs State, represented by The Inspector of Police, Gandhi Market Police Station, Trichy City.
(Crime No.490 of 2021).
... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate.
For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor.
PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.490 of 2021 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 27.07.2021 for the offences punishable under Sections 353, 326 and 307 IPC and Section 8(c) r/w 20(b)(ii)(C) and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985, in crime No.490 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 26.07.2021, the respondent police conducted regular vehicle check up nearby Chennai Bye-pass Road at Pichai Nagar, Trichy, that the respondent police had stopped the vehicle TATA Indica Car bearing Registration No.TN52-T-6484, but the same was not stopped and escaped from the spot, that the respondent police chased the said vehicle and at that time, 1/3
the driver of the said car had driven the vehicle rashly and hit one of the member of the police party and thereafter unable to control the car had parked the same near Sanjiv Nagar, that the respondent police had checked the vehicle and recovered the Ganja placed inside the car and that the petitioner was arrested and the present case came to be registered.
3.No doubt, the petitioner's earlier bail application in Crl.O.P.(MD)No.4135 of 2022 was dismissed by this Court, vide order, dated 25.03.2022.
4.When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that the learned Trial Judge may be directed to expedite the trial and dispose of the case within the time fixed by this Court.
5.The learned Additional Public Prosecutor would submit that the investigation has been completed and the charge sheet has already been laid and that the case is pending for trial in C.C.No.92 of 2021 before the learned Special Court for E.C. and N.D.P.S., Cases, Pudukkottai.
6.Considering the above facts and circumstances of the case and also the fact that the case is in trial stage, this Court is not inclined to grant bail to the petitioner at this point of time. 7.However, the learned Special Court for E.C. and N.D.P.S. Cases, Pudukkottai, is directed to complete the trial and dispose of the case as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order. 8.With the above direction, this Criminal Original Petition is disposed of.
sd/- 10/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
sji TO
1. The Special Court for E.C. and N.D.P.S. Cases, Pudukkottai 2/3
2. The Inspector of Police, Gandhi Market Police Station, Trichy City.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-5438[I] dated 13/06/2022 )
ORDER
IN Date : 10.06.2022 TR/SKN/SAR-i(16.06.2022) 3P 5C 3/3