Sesaiya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sesaiya ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Nagapattinam NIB CID Police Station, Nagapattinam, Crime No.52 of 2019.

... Respondent/Complainant For Petitioner :

M/s.Anandan B, Advocate.

For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioner/accused no.3 on bail in C.C.No.25 of 2020 pending trial on the file of learned Additional District Judge/Presiding Officer,Special Court under essential Commodities Act,Thanjavur.

ORDER : The Court made the following order :- The petitioner/Accused No.3 herein, who was arrested on 15.03.2023 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985, in Crime No.52 of 2019, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 25.09.2019, at about 15.35 hours, on the basis of the information received, the police party went to the occurrence spot, where they found 3 persons with 280 Kilograms of ganja in 10 white plastic bags and the 1/3

property was seized. The case was registered. After completing the investigation final report was filed and the same was taken cognizance in C.C.No.25 of 2020 on the file of the Special Court, Thanjavur.

3.Earlier bail application filed by this petitioner was dismissed by this Court by the order dated 21.06.2023. On the ground that co-accused has been enlarged on bail, this petition came to be filed. Because of the warrant issued against him, the case was split up. After execution of warrant, he was arrested and remanded to custody on 15.03.2023. Only on that ground the above said direction was issued, directing the trial Court to complete the trial process within a period of three months. It is dated 21.06.2023. Because of the vacancy of the Presiding Officer, it could not be taken up. But, now it is posted on 03.08.2023 for framing charges. In view of the above said, I find no reason, to grant bail to the petitioner. The petitioner can approach the concerned Court. The trial Court shall comply the above said order. 4.With the above said observation and liberty this criminal original petition stands dismissed.

sd/- 26/07/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TM TO 1 THE ADDITIONAL DISTRICT JUDGE / PRESIDING OFFICER, SPECIAL COURT UNDER ESSENTIAL COMMODITIES ACT, THANJAVUR. 2 THE OFFICER INCHARGEDISTRICT PRISON, PUDUKKOTTAI. 3 THE INSPECTOR OF POLICE, NAGAPATTINAM NIB CID POLICE STATION, NAGAPATTINAM.

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

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

+1 CC to M/s.B.ANANDAN, Advocate ( SR-11426[I] dated 28/07/2023 )

ORDER

IN CRL OP(MD) No.13652 of 2023 Date :26/07/2023 RS/JGB/SAR-(07.09.2023) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3