Prakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Prakash 2.Ayyappan ... Petitioners/Accused 1 & 2

Versus

State rep. by The Inspector of Police, PEW-Alangudi Police Station, Pudukkottai District.

(Crime No.64 of 2024) ... Respondent/Complainant For Petitioners : Mr.T.Lenin Kumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.64 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/A1 & A2, who were arrested on 12.01.2024 for the offence under Sections 8(c) r/w 20(b)(ii)(C), 25 of NDPS Act, 1985, in Crime No.64 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.01.2024, a vehicle bearing Registration No.TN 11 K 19478 was found to be loaded with 41 kgs of ganja. The first petitioner is the driver of the vehicle and the second petitioner is that co-passenger. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, they have been implicated in this case and they are languishing in jail from 12.01.2024.

4. The learned Additional Public Prosecutor appearing for the respondent police strongly opposes for grant of bail to the petitioners that considering the materials as against these petitioner, this Court had dismissed the earlier application by order dated 19.06.2024. He further submits that the quantity of ganja involved in this case is 41 kgs, i.e. commercial quantity and the petitioners were occupants of the vehicle, where, the contraband was recovered. The second petitioner is having yet another case of similar in nature pending as against him. The learned Additional 2/4

Public Prosecutor has pointed out that an application filed by the similarly placed person/A3, seeking bail was dismissed by this Court in Crl.O.P.(MD)No.4453 of 2024.

5. Considering the materials as against these petitioners and since there is no change in circumstances after the dismissal of earlier petition, this Court is not inclined to grant bail to these petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 26/07/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR TO 1 THE INSPECTOR OF POLICE PEW - ALANGUDI POLICE STATION, PUDUKOTTAI DISTRICT.

2. THE SUPERINTENDENT, DISTRICT PRISON, PUDUKOTTAI

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

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ORDER

IN CRL OP(MD) No.11506 of 2024 Date :26/07/2024 PSP/JGB/SAR /16.08.2024/ 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4