Vedhaiyan @ Ravi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vedhaiyan @ Ravi ... Petitioner/Accused No.1 Vs The Inspector of Police, NIBCID, Nagapattinam District.
(Crime No.6/2023)..
... Respondent/Complainant For Petitioner : Mr.A.Arun Prasad, 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.6/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 30.07.2023 for the offences punishable under Sections 8 (c) r/w 20(b)(ii)(B) of NDPS Act in Crime No.6 of 2023 on the file of the respondent police, seeks bail. 2.The case of prosecution is that the petitioner and other accused were 1/4
found in possession of 300kgs of Ganja. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Absolutely there is no material collected during the course of investigation to connect the petitioner with the above said offence. This is the second petition for bail. The petitioner is in custody from 30.07.2023. The petitioner is suffering from kidney ailment and heart disease. To support his contention, he has produced the medical documents pertaining to K.G.Hospital, Coimbatore and submitted that he is taking treatment from the year 2021. Hence, prays to release him on bail. 4.The learned Additional Public prosecutor submitted that the petitioner is arrayed as A6.
The alleged quantity involved in this case is 300kgs, which is a commercial quantity. Considering the quantity of contraband, the earlier petition for bail was dismissed by this Court. After completion of investigation, the case was taken on file as CC No.4 of 2024 on the file of the learned Sessions Judge, Additional Special Court under Essential Commodities Act, Thanjavur. Hence, prays to dismiss the petition.
5.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
6.Though it is a second petition for bail, considering the facts and 2/4
circumstances of the case, the quantity of contraband involved, this Court is not inclined to grant bail to the petitioner. However, in order to ascertain the health condition of the petitioner, this Court directed the respondent Police to file a report. 7.The learned Additional Public Prosecutor has produced the medical certificate issued by the Assistant Surgeon, Central Prison, Trichy and the same is extracted hereunder:
Medical Certificate This is to certify that Remand Prisoner No.1551 Ravi @ Vedhaiyan, S/o.Vembaiyan in Cetral Prison, Trichy.
He is known case of Hypertension, Coronary heart disease (CABG done), Hypertensive nephropathy. At present he is on regular treatment in Central Prison, Trichy.
8.Since the petitioner appears to be taking treatment in the Prison Hospital, this Court is not inclined to entertain this ground raised by the petitioner. 9.Accordingly, this Criminal Original Petition stands dismissed. However, the learned trial Judge is directed to dispose of the CC No.4 of 2024 3/4
preferably within a period of six months from the date of receipt of copy of this order.
sd/- 26/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO 1 THE ADDITIONAL SPECIAL JUDGE UNDER ESSENTIAL COMMODITIES ACT, THANJAVUR.
2 THE INSPECTOR OF POLICE NIB CID, NAGAPATTINAM DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6463 of 2024 Date :26/04/2024 SS/VR/SAR- /23/05/2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4