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Madras High CourtCRL OP(MD)/7988/2021dismissed

A. Viayaan v. The Inspector Of Police

2021-06-21Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD. No.7988 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2021 PRESENT:

The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD. No.7988 of 2021 (Through Video Conference) A.Vijayan ... Petitioner/ Accused No.2 Vs State rep. by The Inspector of Police, Manur Police Station, Tirunelveli District.

Crime No.367/2020.

... Respondent/ Complainant For Petitioner : Mr.C.Gangai Amaran, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER: For Bail in Crime No.367/2020 on the file of the respondent Police.

ORDER: The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor (Crl.side) appearing for the respondent.

2. The petitioner is arrayed as accused No.2. He was arrested and remanded to Judicial Custody on 29.07.2020 for the offences punishable under section 8 (c) r/w 20 (b) (ii) (B), 25, 29(1) of NDPS Act in Crime No.367 of 2020 on the file of the respondent police. He seeks bail.

3. This is the second Bail application that has been filed by the petitioner. The learned counsel for the petitioner submitted that the contraband that has been recovered or seized from the petitioner is of intermediate quantity and the petitioner is in the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD. No.7988 of 2021 custody, ever since from the date of arrest and a final report has also been filed before the trial Court.

4. In view of the above facts and circumstances of this case, this Court is of the view that when a charge sheet has been filed before the trial Court, then, the petitioner can move the trial Court for bail. With this liberty, this Criminal original Petition is dismissed.

sd/- 21/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE, MANUR POLICE STATION, TIRUNELVELI DISTRICT.

2 THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.7988 of 2021 Date :21/06/2021 STS MS/PN/SAR-3/24.06.2021/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2