Madras High CourtCRL OP(MD)/6203/2024dismissed

Muthalif v. The Inspector Of Police

2024-06-13Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). Nos.6203 and 6598 of 2024 Muthalif, ... Petitioner/Accused 2 Vs The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai, Madurai District.

Crime No.33 of 2023.

... Respondent/Complainant For Petitioner : Mr.R.Karunanidhi, Advocate.

For Respondent : Mr.T.Senthil Kumar, Government Advocate (Crl.Side) PRAYER :- For Bail in Cr.No.33 of 2023 on the file of the Respondent Police. CRL OP(MD). No.6598 of 2024 Nazarudeen Sha, ... Petitioner/Accused 1 Vs.

The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

Cr.No.33/2023.

... Respondent/Complainant 1/4

For Petitioner : Mr.Perumal G, Advocate.

For Respondent : Mr.T.Senthil Kumar, Government Advocate (Crl.Side) PRAYER :- For Bail in Crime No. 33/2023 on the file of the respondent police. COMMON ORDER The respondent police registered a case as against the petitioners in Crime No.33 of 2023 for the offence under Sections 8(c) r/w. Sections 20(b)(ii)(c), 25 and 29(1) of NDPS Act and remanded them into judicial custody on 01.02.2023. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that the petitioners along with other accused were found in illegal possession of 100 Kgs of Ganja in 3 bags.

3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, they are languishing in Jail from 01.02.2023.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the petitioners are arrayed as A1 and A2 and they have been arrested along with contraband. The contraband involved in this case is commercial quantity. After investigation, the respondent has filed the final report and the same is taken on file as C.C.No.809 of 2023 by the District Sessions 2/4

Judge for EC and NDPS Act Cases, Madurai.

5. Considering the nature of allegation and also considering the fact that the petitioners were arrested along with contraband, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed with liberty to raise all other grounds before the trial Court, during trial.

7. Since this Court dismissed the bail application, the trial Court is directed to expedite the trial and give priority to the case in C.C.No.809 of 2023 and conclude the same as expeditiously as possible, preferably, within a period of six months from the date of receipt of copy of this order.

sd/- 13/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE DISTRICT SESSIONS JUDGE FOR EC AND NDPS ACT CASES, MADURAI.

2 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

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3 THE INSPECTOR OF POLICE, NAGAMALAI PUDUKKOTTAI POLICE STATION, MADURAI, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +2. CC to Mr.R.KARUNANIDHI Advocate SR.Nos.6603 & 6604 (I) DT.18/06/2024 ORDER IN CRL OP(MD). Nos.6203 and 6598 of 2024 Date :13/06/2024 SA/VR/SAR. /02.07.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4