Chinna Prabhakaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Chinna Prabhakaran S/o.Vairavel ... Petitioner/Accused No.2 Vs The Inspector of Police, Subramaniapuram Police Station Madurai City Cr.No.1453 of 2020. ... Respondent/Complainant For Petitioner : Mr.M.Jegadeesh Pandian Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1453 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, who was arrested on 09.02.2021 for the offence under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, in Crime No.1453 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 332 kilograms of ganja. Hence, the complaint.

3. The learned counsel for the petitioner would submit that on the strength of the confession statement given by the co-accused, this petitioner has been implicated in this case. He would further submit that the petitioner has not committed any offence as alleged 1/3

by the prosecution and he is inside the prison from 09.02.2021 and hence, he seeks for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent police strongly opposed for grant of bail on the ground that this petitioner is a habitual offender and he is having five previous cases to his credit. He would further submit that though the petitioner has been implicated on the confession statement of the co-accused, there are sufficient materials as against this petitioner.

5.Considering the rival submission and also the antecedents as against the petitioner, this Court is not inclined to grant bail. Accordingly, this Criminal Original Petition is dismissed. 6.At this juncture, the learned counsel for the petitioner would submit that since the petitioner is languishing in jail from 09.02.2021, a direction may be issued to the trial Court to complete the trial with a stipulated period.

7.Considering the limited request made by the learned counsel for the petitioner, the trial Court is directed to expedite the trial and dispose of the case as early as possible. sd/- 28/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

msa 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 Judge Principal Special Court for EC and NDPS Act Cases Madurai 2/3

2.The Inspector of Police, Subramaniapuram Police Station Madurai City 3.The Superintendent, Central Prison, Madurai.

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

ORDER IN CRL OP(MD) No.14532 of 2021 Date : 28/09/2021 TR/SKN/SAR-IV(01.10.2021) 3P 5C 3/3