Madras High CourtCRL OP(MD)/13886/2020dismissed

Saminathan v. The Inspector Of Police

2020-12-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.13886 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.13886 of 2020 Saminathan ... Petitioner/Sole Accused Vs State, represented by The Inspector of Police, Town West Police Station, Thanjavur.

In Crime No. 316/2019.

... Respondent/Complainant For Petitioner : M/s.K.Navaneetharaja, Advocate.

For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No. 316/2019 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Sole accused, who was arrested and remanded to judicial custody on 02.09.2020 for the offences punishable under Sections 20 (b) (ii) (c) & 8 (c) of Narcotic Drugs & Psychotropic Substances Act, 1985, on the file of the respondent police seeks bail.

2.The case of the prosecution is that based on the secret information, the defacto complainant found that the petitioner was having the possession of 21.5 kgs of Ganja and after the same was seized by the respondent police. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner filed a petition in Crl.OP(MD)No.6677 of 2020 and the same was dismissed by this Court with a direction to the Trial Court to complete the trial and dispose of the case within a period of six months by an order dated 25.08.2020. But, the Trial Court did not https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13886 of 2020 complete the trial. Therefore, the petitioner filed this petition for bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner is having 11 previous cases similar in nature. Hence, he opposed to grant bail to the petitioner.

5.Heard both sides.

6.It is seen that this Court already directed the Trial Court to complete the trial within a stipulated time. Due to COVID-19 pandemic, the Trial Court could not able to complete the trial and this Court does not find no change of circumstances to consider the bail petition. Further, already this Court passed the detailed order.

7.Taking note of the above facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. 8.Accordingly, this Criminal Original Petition is dismissed. sd/- 03/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR..

2.THE INSPECTOR OF POLICE, TOWN WEST POLICE STATION, THANJAVUR.

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

ORDER IN CRL OP(MD) No.13886 of 2020 Date :03/12/2020 dss AE/PN/SAR-II (18.12.2020) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2