Vignesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.06.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.10522 of 2022 Vignesh ... Petitioner/Accused No.10 Vs The State Through The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
(Crime No.432/2020) ... Respondent/Complainant For Petitioner : Mr.C.Karthikeya, Advocate.
For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor.
PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- To enlarge the petitioner on bail in C.C.No.1 of 2021 on the file of the learned Principal Special Court for EC and NDPS Cases, Pudukottai.
ORDER : The Court made the following order :- The petitioner/A10 is facing a case for the offence punishable under Sections 147, 148, 506(ii), 120(B), 399 and 402 IPC, 8(c), 20 (b)(ii)(c) and 25 of NDPS Act, 1985, 20 and 30 of Arms Act, 1959 in C.C.No.1 of 2021 on the file of the learned Principal Special Court for EC and NDPS Cases, Pudukottai in crime No.432 of 2020 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that based on the secret information given by the informant, on 08.07.2020, the respondent police conducted a raid at Mangudi Ayyanar Temple Seemai Karuvai Weald and found that the petitioner and other accused were in possession of 22kgs of Ganja along with deadly weapons. On seeing
the police, some of the accused had escaped from the scene of occurrence and the police only nabbed the petitioner along with six other accused. Hence, the complaint.
3.In pursuance of the direction of this Court, dated 24.06.2022, the learned Additional District Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukkottai, has submitted a report, dated 28.06.2022, stating that the case was split up as againt A10, Veerapandi in C.C.No.80 of 2022, that subsequently, the said Veerapandi was produced and he is in Puzhal Central Prison, Chennai, that he was not produced for some of the hearings, that lastly on 20.06.2022, P.W.1 was examined in C.C.No.1 of 2021 and the learned Special Public Prosecutor requested time to take steps to club both the cases in C.C.No.80 of 2022 with the Mother case C.C.No.1 of 2021 and that he took efforts to club both the cases and requested six months further time to dispose of the case. It is pertinent to note that this Court has already granted six months time, vide order dated 14.07.2021 in Crl.O.P.(MD)No.9346 of 2021 and subsequently, three months time was granted vide order dated 07.03.2022 in Crl.O.P.(MD)No.4331 of 2022.
4.Considering the above facts and circumstances of the case and also considering the petitioner's earlier application was dismissed by this Court mainly on the ground that the petitioner has failed to satisfy the first condition contemplated under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner.
5.However, the learned Trial Judge 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.
6.With the above direction, this Criminal Original Petition is disposed of.
Sd/- 29/06/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.
sji 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 PRINCIPAL SPECIAL JUDGE FOR EC AND NDPS CASES, PUDUKOTTAI.
2. THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI 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.10522 of 2022 Date :29/06/2022 SP/SVR/SAR II/04/07/2022/3P/5C