Madras High CourtCRL OP(MD)/13905/2024disposed of

Ravi v. The Inspector Of Police

2024-08-28Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ravi, ... Petitioner/Accused 5 Vs The Inspector of Police, Alanganallur Police Station, Madurai District.

Crime No. 186/2022.

... Respondent/Complainant For Petitioner : M/s.Krishnan A S, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail pending trial in C.C.No. 1014 of 2022 on the file of Honble Principal Special Court for Trial of NDPS Act Cases, Madurai. ORDER : The Court made the following order :- This Petition is filed to enlarge the petitioner on bail pending trial in C.C.No. 1014 of 2022 on the file of the Principal Special Court for Trial of NDPS Act Cases, Madurai.

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2. The petitioner/Accused, who was arrested and remanded to judicial custody on 22.02.2024 for the offences punishable under Section 8(c) r/w. Section 20(b)(ii)(C) and 25 of NDPS Act, in crime No.186 of 2022 on the file of the respondent police, seeks bail.

3. Earlier the petitioner was granted bail in Crime No.186 of 2022 and in C.C, stage he absconded. After filing charge sheet, as the summon could not be served upon the petitioner, the trial Court, has issued non bailable warrant and he was arrested on 22.02.2024.

4. Heard the learned counsel on either side and perused the material records of the case.

5. In this case, originally bail was granted to the petitioner on 14.03.2024. However, on 24.10.2023, he was not present before the trial Court for hearing, and thereafter, non bailable warrant issued. Even thereafter, he was absconding and only by forming Special Team, the non bailable warrant executed in February-2024 and now, the petitioner is in prison. The case is of the year 2022 and all the accused are said to have been in prison and the matter is posted for commencing of trial on 21.09.2024, Since all the accused are in prison and since the petitioner did not even surrender thereafter, it is only the respondent police, who arrested him, I am not inclined to enlarge the petitioner on bail.

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6. Since the accused are under incarceration, the prosecution is directed to expedite the trial and on 21.09.2024, the prosecution shall produce the respective witnesses for examination without fail and the Principal Special Court for Trial of NDPS Act Cases, Madurai, is directed to take up the case for expeditious disposal and dispose of the same on or before 30.11.2024.

7. With the above observations, this Petition is disposed of. sd/- 28/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE PRINCIPAL SPECIAL JUDGE FOR TRIAL OF NDPS ACT CASES, MADURAI.

2 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

3 THE INSPECTOR OF POLICE, ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

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

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ORDER

IN CRL OP(MD) No.13905 of 2024 Date :28/08/2024 SA/VR/SAR. /10.09.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4