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Madras High CourtCRL OP(MD)/8386/2023dismissed

R.Karukolarajasekar v. The Inspector Of Police

2023-04-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.8386 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.8386 of 2023 R.Karukolarajasekar, ... Petitioner/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Sedapatti Police Station, Madurai District.

(Crime .No.123 of 2022).

... Respondent/Complainant For Petitioner : M/s.Muniyandi.S, 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.123/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 17.10.2022 for the offences under Sections 8(c) r/w 20(b)(ii)(c), 29(1) of NDPS Act in Crime No.123 of 2022 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that based on the secret information received, the respondent Police conducted an inspection at Kalapanpatti near cement water tank at 06.00 a.m., on 07.10.2022, wherein Accused Nos.1 and 2 were found in possession of 24 kgs of Ganja. They were arrested and remanded to judicial custody and on further enquiry, the petitioner was found in possession of 20 kgs of Ganja. Totally 84 kgs of Ganja were recovered from the accused persons. Hence, the complaint.

3.Heard the learned counsel appearing for the petitioner. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.8386 of 2023 4.The learned Additional Public Prosecutor appearing for the respondent would submit that this is the second application filed by the petitioner and earlier, the petitioner filed Crl.O.P.(MD) No.23022 of 2022, wherein, this Court dismissed the petition on 13.03.2023 and there is no change in circumstances and hence, he opposed for granting bail to the petitioner.

5.Taking note of the facts and circumstances, since there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 28/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PS TO 1 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2 THE INSPECTOR OF POLICE SEDAPATTI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8386 of 2023 Date :28/04/2023 PKP/BUC/SAR-4/09.05.2023/ 2P/4C https://www.mhc.tn.gov.in/judis 2/2