Arun Kumar @ Pura Arun v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Arunkumar @ Pura Arun ... Petitioner / Accused No.2 Vs The State represented by, The Inspector of Police, Pattukkottai Police Station, Thanjavur District.

(Crime No.899 of 2020).

... Respondent / Complainant For Petitioner : Mr.K.Jeyamohan, 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.899 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 27.12.2021 for the alleged offences under Sections 8(c) r/w 20(b)(ii)(c) of NDPS Act in Crime No.899 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in possession of 22 Kgs of Ganja. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that even according to the case of the prosecution, the petitioner flood away from the scene of crime, after seeing the police personnel. Therefore, there was no recovery from the petitioner. That apart, the property was brought to the trial Court only after 1-1/2 years. The delay is not explained by the prosecution. Now, the first accused was released on statutory bail 1/3

and insofar as the first accused is concerned, he is incarcerated in imprisonment from the date of his arrest, namely on 27.12.2021. He further submitted that the petitioner suffered from eye issues and require urgent treatment.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that this is the third application for bail and there is absolutely no change in circumstances to consider the present application for bail.

5. Heard. Perused the materials available on record including the First Information Report.

6.Taking into consideration of the facts and circumstances of the case and also the fact that even the dismissal of the earlier petitions, there is no change in circumstances. If all the petitioner is suffered from eye illness, he will be treated by the jail Doctors and if required, he will be taken to other eye hospitals. Further, all the grounds raised by the petitioner can be considered only during the trial and not considered in the bail application. The trial is pending from the year 2022. Since NBW is pending as against the first accused, the trial Court is not able to complete the trial. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, the trial Court is directed to split up the case as against the petitioner and complete the trial within a period of three months from the date of receipt of a copy of this order. sd/- 14/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PS To 1.The Inspector of Police, Pattukottai Police Station, Thanjavur District.

2.The Superintendent, Central Prison, Pudukottai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy to:

The Additional District Judge, Special Court under NDPS and EC Act Cases, Thanjavur. +1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-8904[I] dated 16/06/2023 )

ORDER

IN CRL OP(MD) No.10262 of 2023 Date :14/06/2023 ED/MMS/SAR- (19/06/2023) 3P 6C 3/3