R.Karthick Easwar v. The Inspector Of Police

CRL OP(MD). No.11843 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.11843 of 2022 R.Karthick Easwar ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, NIB-CID, Trichy Police Station,Trichy (Crime No.15/2021) ... Respondent/Complainant For Petitioner : Mr.NA.Manimaran, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.15 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who is facing a case for the offence punishable under Sections 8(c) r/w 20(b)(ii)(C) and 25 of NDPS Act in C.C.No.75 of 2021 on the file of the learned II Additional District and Sessions Judge for EC and NDPS Act Cases, Pudukottai, in crime No.15 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 04.05.2021 at about 18.00 hours, on receiving a secret information, the respondent police proceeded to Musiri Road Roundana, Thuraiyur and intercepted a lorry bearing Registration No.TN-57-AQ-2165, that on seeing the police party, three persons, who were in the lorry, had tried to escape from that place, but the respondent police caught hold of them and that they have arrested all the three persons including the petitioner herein and recovered 66 kgs of Ganja available in three gunny bags.

3.No doubt, the petitioner's earlier application was dismissed by this Court in Crl.O.P.(MD)No.18561 of 2021, dated 23.03.2022 mainly on the ground that the petitioner has failed to satisfy the first condition contemplated under Section 37 of the NDPS Act. 4.When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that the trial Court may be https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11843 of 2022 directed to dispose of the case within the time stipulated by this Court.

5.It is not in dispute that the charge sheet has already been filed and the case was taken on file in C.C.No.75 of 2021 before the II Additional District and Sessions Judge for EC and NDPS Act Cases, Pudukottai.

6.The learned Additional Public Prosecutor would submit that since A4 was already in judicial custody, a formal arrest was made and on production through P.T. warrant, he was remanded to judicial custody on 08.04.2022 sofar as the present case is concerned. He would further submit that all the accused are in judicial custody. 7.Considering the above facts and circumstances and also the fact that the petitioner has failed to satisfy the conditions contemplated under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner.

8.However, the learned II Additional District and Sessions Judge for EC and NDPS Act Cases, Pudukottai, is directed to furnish the copies of the records within a period of one week from the date of receipt of a copy of this order and thereafter, II Additional District and Sessions Judge for EC and NDPS Act Cases, Pudukottai, is directed to dispose of the case within a period of three months. 9.With the above directions, this Criminal Original Petition is disposed of.

sd/- 04/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE FOR EC AND NDPS ACT CASES, PUDUKOTTAI 2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY 3 THE INSPECTOR OF POLICE NIB-CID, TRICHY POLICE STATION, TRICHY COPY TO:

THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.MANIMARAN NA Advocate SR.No.6689. ORDER IN CRL OP(MD) No.11843 of 2022 Date :04/07/2022 SJI MK/PN/SAR.III/14.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2