Madras High CourtCRL OP(MD)/15470/2023dismissed

Ajith v. The Inspector Of Police

2023-09-05Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ajith, ... Petitioner/Accused Vs The Inspector of Police, Theni PEW Police Station, Theni District.

Crime No.202 of 2023.

... Respondent/Complainant For Petitioner : M/s.ARPUTHARAJ A, Advocate.

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

PRAYER :- For Bail in Crime No.202 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 07.03.2023 for the alleged offence under Sections 8(c), 20(b)(ii)(B), 29(1), 25 of NDPS Act, in Crime No.202 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused possessed 1.100 Kgs. of Ganja. Hence, the case. 3.The earlier application filed by the petitioner was dismissed on the ground that the petitioner has not complied the twin condition of Section 37 of the NDPS Act. 1/3

This is the second application. This application has been filed on the ground that except the confession statement of the co-accused no other ground is available to prosecute the case.

4.The learned Additional Public Prosecutor would submit that investigation in this case has been completed and final report was also filed before the Special Court on 01.09.2023. Let the Special Court process the above said final report within the time stipulated as per Rules.

5.The learned counsel for the petitioner would submit that the petitioner is a College going student.

6.Except the filing of final report, there is no change of circumstances in this case. Therefore, this Court is not inclined to grant bail to the petitioner. 7.Since the final report has been filed before the Special Court, the petitioner has to approach the concerned Special Court. Without approaching the Special Court, the petitioner shall not approach this Court repeatedly. 8.With the above said liberty, this criminal original petition stands dismissed. sd/- 05/09/2023 / 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 JUDGE, THE PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT CASES, MADURAI.

2 THE OFFICER INCHARGE, DISTRICT PRISON, THENI.

3 THE INSPECTOR OF POLICE, THENI PEW POLICE STATION, THENI DISTRICT.

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.15470 of 2023 Date :05/09/2023 SA/VR/SAR. /13.09.2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3