M Menaga v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/12/2022 PRESENT The Hon'ble Mr.Justice K.MURALI SHANKAR M.Menaga ... Petitioner/Accused No.8 Vs State represented by The Inspector of Police, Usilampatty Town Police Station, Madurai District.

(Crime No.359 of 2021).

... Respondent/Complainant For Petitioner : M/s.Manimaran.NA., Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the Petitioner / Accused on bail in Crime No.359/2021 in C.C No.50 of 2022 Learned Principal Special Court for EC & NDPS Act Cases, Madurai on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/A8, who is facing a case for the offence under Sections 8(c), 20(b)(ii)(c) and 25 of NDPS Act, in C.C.No.50 of 2022, on the file of the learned Principal Special Court for EC and NDPS Act Cases, Madurai, in Crime No.359 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 30.07.2021 at about 05.30 hours, on receipt of secret information, the respondent police went to Usilampatty near Seemanuthu Sadaiyal Kovil and found white car and two two wheelers, wherein, there were one woman and 11 men, that when the police party tried to nab the accused persons, three persons had escaped from that occurrence place and the remaining persons were nabbed, that the respondent police has recovered 25kgs of Ganja from the petitioner and in total they have recovered 240kgs of contraband from the accused at the occurrence place and that they were also arrested.

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3.The petitioner's case is that A7 is the husband of the petitioner, that the petitioner is innocent and she has not committed any offence as alleged and that the respondent police has falsely implicated her along with her husband in the above case. 4.Today, when the matter is taken up for hearing, the learned Additional Public prosecutor would submit that the trial has already been commenced and that the trial Court may be directed to dispose of the case, within the time stipulated by this Court. 5.At this juncture, the learned Counsel appearing for the Petitioner would submit that this Court has directed the trial Court to dispose of the case, within a time stipulated, while considering the bail application of the co-accused.

6.It is evident from the records that this Court while considering the bail application of the accused Nos.1 to 5 in Crl.O.P(MD)No.8834 of 2022 and etc., vide order dated 04.07.2022, directed the trial Court to expedite the trial process and complete the same, within a period of five months, from the date of receipt of a copy of that order.

7.As rightly contended by the learned Counsel appearing for the petitioner, the period stipulated by this Court got already expired. It is not the case of both the parties that the time granted has already beed extended.

8.Considering the above and also the fact that the trial is at part heard stage, the trial Court is directed to complete the trial in C.C.No.50 of 2022, as expeditiously as possible, preferably, within a period of three months, from the date of receipt of a copy of this order.

9.With the above direction, this Criminal Original Petition is disposed of.

sd/- 06/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT CASES, MADURAI. 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE INSPECTOR OF POLICE, USILAMPATTY TOWN POLICE STATION, MADURAI DISTRICT.

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

COPY TO THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.15254 of 2022 Date :06/12/2022 LR RS/BUC/SAR.1(13.12.2022) 3P-6C 3/3