Selvapandi v. The Inspector Of Police

CRL OP(MD). No.16483 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16483 of 2022 Selvapandi ... Petitioner/Petitioner/6th Accused Vs The State Rep. By, The Inspector of Police, Mathichayam Police Station, Madurai City.

Crime No.344 of 2021.

... Respondent/Respondent/Complainant For Petitioner : M/s. Kaliraj M, Advocate.

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

PRAYER :- To release the petitioner on bail in Crime No.344 of 2021 on the file of the respondent police and pass such further or other orders as this Honble Court.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 26.05.2022 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C), 29(1) of NDPS Act, in Crime No.344 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on the basis of the secret information given by the police Informer, the defacto complainant along with police team went to the crime spot i.e., Sha Theater, Madurai, at about 09.15 a.m., the Police Informer identified the suspected persons and on seeing the Police team, the accused persons escaped from the place. During the search, it was found that the accused persons were found in possession of 24 Kgs of ganja. Hence, this case has been registered against the seven accused persons. Seeking bail, this petitioner/A5 has filed this petition.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.16483 of 2022 3.The earlier application filed by the petitioner seeking bail was dismissed on the ground that the petitioner is having twelve previous cases, among which two are similar in nature. So a direction was issued to the trial Court to expedite the trial process in C.C.No.625 of 2021 and complete the same within a period of five months from the date of receipt of a copy of that order. That order is dated 08.08.2022. Now the grievance of the petitioner is that even after a lapse of two months, the trial has not commenced before the trial Court.

4.Whatever may, since the petitioner is having bad antecedents, this Court is not inclined to release the petitioner on bail. This petition deserves to be dismissed.

5.Accordingly, this Criminal Original Petition is dismissed with liberty to the petitioner to approach the concerned trial Court, if the trial could not be concluded in time. sd/- 28/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 ADDITIONAL DISTRICT JUDGE, PRINCIPAL SPECIAL COURT FOR TRIAL OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT CASES, MADURAI.

2. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

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

ORDER

IN CRL OP(MD) No.16483 of 2022 Date :28/10/2022 USK/SSS/SAR-IV/09.11.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2