Madras High CourtCRL OP(MD)/7979/2024dismissed

Surya v. The Inspector Of Police

2024-06-11Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Surya

2. Ayyappan ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police, Thanjavur Ease Police Station, Thanjavur.

Crime No.581 of 2023 ... Respondent/Complainant For Petitioners :

M/s.T.A.Ebenezer, 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. 581 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The respondent police registered a case as against the petitioners in Crime No.581 of 2023 for the offence under Section 8(c) r/w. 20(b)(ii)(A), 22 (c) of NDPS Act and remanded him into judicial custody on 04.08.2023. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that the petitioners were found in possession of 500 grams of Diazepam and 500 grams of Ganja. 1/3

3. The learned counsel for the petitioner submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, he is languishing in Jail from 04.08.2023.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the first petitioner is having 8 previous cases and the second petitioner is also having adverse antecedents. The petitioners are A1 and A2 and after investigation, final report has been filed and the same is taken on file as C.C.No.11 of 2024 and the case is posted for examining L.W.1 to L.W.3 on 25.06.2024

5. Considering the stage of the trial and also considering the antecedents of the petitioners, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. The trial Court is directed to conclude the trial in C.C.No.11 of 2024 as expeditiously as possible, preferably, within a period of six months from the date of receipt of copy of this order.

sd/- 11/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE ADDITIONAL DISTRICT JUDGE / SPECIAL COURT UNDER EC ACT CASES, THANJAVUR.

2 THE SUPERINTEDENT, CENTRAL PRISON, TRICHY.

3 THE INSPECTOR OF POLICE, THANJAVUR EASE POLICE STATION, THANJAVUR.

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

ORDER

IN CRL OP(MD) No.7979 of 2024 Date :11/06/2024 RS/JGB/SAR-(18.06.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3