Pandiammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.09.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.16310 of 2022 Pandiammal ... Petitioner/Accused No.7 vs.

State represented by, The Inspector of Police, Ganesh Nagar Police Station, Pudhukottai District.

(Crime No.855 of 2021) ... Respondent/Complainant For Petitioner : Mr.M.Jegadeesh Pandian, Advocate. For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor.

PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.855 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A.7, who was arrested and remanded to judicial custody on 09.12.2021 for the offences punishable under Sections 8 (c) r/w 20(b)(ii)(B) and 25 of Narcotic Drugs and Psychotropic Substances Act, altered into Sections 8(c) r/w 20(b)(ii)(C) and 25 of Narcotic Drugs and Psychotropic Substances Act, in Crime No.855 of 2021, seeks bail.

2. The case of the prosecution is that on 08.12.2021 at about 16.30 hours, on receiving a secret information, the respondent police had inspected the house of the fourth accused Natheem Ali

near Om Sakthi Temple, 9th street Kamarajapuram and at about 16.45 hours, they found three persons in the two wheeler bearing Registration No.TN-55-BC-0869, namely, Lakshmi Narayanan, Veeramani, Dharun Sundar and another person namely Natheem Ali, the respondent police had surrounded them and found 1.200 kgs of ganja from the two wheeler and cash of Rs.15,270/-, that the first accused Lakshmi Narayanan gave a voluntary confession statement stating that they had purchased ganja from Selvam and Suresh Kumar and that the respondent police have arrested the accused and registered the above case.

3. It is the further case of the prosecution that on 09.12.2021 at about 16.00 hours, on receipt of secret information, they went to the place back of Machavadi Modern School, Pudhukottai, and found three male and three female, and on enquiry, they have found contraband from the said accused, that 25 kgs of ganja was recovered from the accused Selvam and 10 kgs of ganja was recovered from the petitioner and that they have also seized 2 two wheelers Bajaj Pulsar bearing Registration No.TN-55-BC-0869 and Bajaj Discover bearing Registration No.TN-60-E-0056.

4. No doubt, the earlier application for bail filed by the petitioner along with eighth accused in Crl.O.P.(MD)No.5921 of 2022 was dismissed by this Court vide order dated 05.05.2022.

5. The learned Additional Public Prosecutor would submit that charge sheet has been filed and the case was taken on file in C.C.No.81 of 2022 and is pending on the file of the Special Court for EC Act Cases, Pudukkottai. He would further submit that charges were framed and the case stands posted for trial, but trial proceedings are not yet issued.

6. Admittedly, the petitioner and two other accused are in custody and out of eight accused, five accused were already released on bail.

7. When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that it would be suffice, if the trial Court is directed to dispose of the case within a time frame fixed by this Court.

8. Considering the above facts and circumstances and also the fact that the petitioner is a 52 year old women and taking note of the limited prayer now sought for by the learned counsel for the petitioner, the trial Court is directed to complete the trial and dispose of the case in C.C.No.81 of 2022 as expeditiously as possible, preferably, within a period of four 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/- 16/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM 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 SPECIAL JUDGE FOR EC ACT CASES, PUDUKKOTTAI.

2. THE INSPECTOR OF POLICE, GANESH NAGAR POLICE STATION, PUDHUKOTTAI DISTRICT.

3. THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, TRICHY.

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.16310 of 2022 Date :16/09/2022 SP/SVR/SAR II/21/09/2022/3P/6C