Madras High CourtCRL OP(MD)/14953/2022dismissed

Manikandan @ Kutta Mani v. The Inspector Of Police

2022-10-14Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.14953 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.14953 of 2022 Manikandan @ Kutta Mani ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Mathichiyam Police Station, Mathichiyam, Madurai City.

Crime No.344 of 2021. ... Respondent/Complainant For Petitioner : M/s.Jeyaram A, For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To release the Petitioner/Accused on bail in CC.No.625 of 2021 on the file the Additional District Judge / Presiding Officer, Principal Special Court for EC and NDPS Act Cases, Madurai pending trial.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 18.06.2021, for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C), 29(1) of NDPS Act, 1985, in Crime No.344 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 17.06.2021, the respondent Police conducted inspection in the vehicles of the accused persons and found that the accused persons were in possession of 24kgs of ganja. Hence, the complaint.

3. On the side of the petitioner, it is stated that the petitioner is innocent and he had not committed any offence as alleged by the prosecution. In this case, the petitioner is in custody from the date of their arrest, ie., 18.06.2021. In this case, charge sheet was filed before the concerned Court. The coaccused was released on bail and the petitioner is noway connected with the offence. Hence, prays to release him on bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14953 of 2022

4. On the side of prosecution, it is stated that the contraband was seized from the accused persons. The petitioner is arrayed as A2. In this case, charge sheet was already filed before the concerned Court and if the petitioner is released on bail, there is every possibility for absconding and the case will be pending and also there is every likelihood of indulge in similar kind of activities. Already, the petitioner is having one previous case at his credit. The alleged contraband is a commercial quantity. Hence, prayed to dismiss the petition.

5.Considering the above facts and circumstances of the case, alleged quantity of contraband and also considering the strong objection raised by the prosecution, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition stands dismissed. However, the trial Court/Principal Special Court for EC and NDPS Act Cases, Madurai is directed to complete the trial within four months, from the date of receipt of copy of this order. sd/- 14/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE / PRESIDING OFFICER, PRINCIPAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI. 2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

3 THE INSPECTOR OF POLICE, MATHICHIYAM POLICE STATION, MATHICHIYAM, MADURAI CITY.

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

COPY TO:

THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.14953 of 2022 Date :14/10/2022 PNM SA/SBN/SAR.2/19.10.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2