Madras High CourtCRL OP(MD)/17407/2022disposed of

Ramayee v. The Inspector Of Police

2022-10-17Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.17407 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.10.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.17407 of 2022 Ramayee ... Petitioner/ Accused No.1 Vs State represented by The Inspector of Police, Melur Police Station, Madurai.

(Crime No.195 of 2021).

... Respondent/ Complainant For Petitioner : Mr.T.Lajapathi Roy, Advocate. For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor.

PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :-For Bail in C.C.No.422 of 2021 before the learned District and Sessions Court for EC and NDPS Act Cases, Madurai, in Crime No.195 of 2021 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/A.1, who is facing a case for the offences punishable under Sections 8(c) and 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, in C.C.No.422 of 2021, on the file of the learned District and Sessions Court for EC and NDPS Act Cases, Madurai, in Crime No.195 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 28.03.2021, the respondent police on receiving a secret information, went to the place near Government Arts College, Melur, that they have found that the petitioner was in possession of 4 kgs of Ganja, that when she was taken to her house, in pursuance of the statement given by her, they have recovered 17 kgs of Ganja from her house and that therefore, FIR came to be registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she has not committed any offence as alleged by the prosecution and that a false case has been foisted against her.

4. No doubt, the earlier application for bail filed by the petitioner in Crl.O.P.(MD)No.14860 of 2021 was dismissed by this Court vide common order dated 23.12.2021.

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CRL OP(MD). No.17407 of 2022

5. When the matter is taken up for hearing today, the learned Additional Public Prosecutor would submit that the case was taken on file in C.C.No.422 of 2021 and after framing of charges, the case was posted for examination of L.W.1 to L.W.3 on 04.11.2022. He would further submit that the second accused, who is the son of the first accused, had absconded himself and hence, the case was ordered to be split up and now the case as against the present petitioner is pending for trial.

6. At this juncture, the learned counsel appearing for the petitioner would submit that it would be suffice, if the trial Court is directed to complete the trial within a time frame fixed by this Court.

7. Considering the above facts and circumstances of the case and also the present stage of the case, the learned trial Judge is directed to complete the trial and dispose of the case in C.C.No.422 of 2021 within a period of three months from the date of receipt of a copy of this order.

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

sd/- 17/10/2022 / TRUE COPY / /10/2022 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 JUDGE, DISTRICT AND SESSIONS COURT FOR EC AND NDPS ACT CASES, MADURAI, 2 THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1 CC to M/s.T.LAJAPATHY ROY, Advocate(SR-11549[I]dated 18/10/2022 ) ORDER IN CRL OP(MD) No.17407 of 2022 Date :17/10/2022 CSM MK/GB/SAR.II/19.10.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2