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Madras High CourtCRL OP(MD)/15347/2024dismissed

Sivasubbu @ Siva v. The State Of Tamilnadu

2024-09-23Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sivasubbu @ Siva ... Petitioner/Accused No.4 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

(Crime No. 214/2022.) ... Respondent/Complainant For Petitioner :

Mr.A.Sivasubramanian, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner/Accused on bail in respect of C.C.No. 653 of 2023 on the file of the Learned Principal Special Court for EC and NDPS Act Cases, Madurai.

ORDER : The Court made the following order :- This Petition is filed to grant bail for the petitioner/Accused No.4 in C.C.No. 653 of 1/4

2023 on the file of the Principal Special Court for E.C. and NDPS Act Cases, Madurai.

2. The petitioner/Accused, who was arrested and remanded to judicial custody on 08.05.2024 for the offences punishable under Sections 8(c) r/w. Section 20(b)(ii)(c), 25 and 29(1) of NDPS Act, in crime No.214 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were in illegal possession of 21.150 Kgs of Ganja.

3. Heard the learned counsel on either side and perused the material records of the case.

4. The learned counsel for the petitioner would submit that the petitioner is similarly placed to that of his father -A5. Except the confession of the co-accused, there is no other material, which is there on record, considering the same, A5 was already released on bail.

5. Be that as it may, as far as this petitioner is concerned, even though the case is of the year 2022, he was apprehended only on 08.05.2024 and considering the fact that out of 14 witnesses, 3 witnesses have already been examined, only in the interest of the progress of the case, for the present, the petitioner is not enlarged on bail. The prosecution is directed to complete the trial as expeditiously as possible, 2/4

and the trial court is also directed to take up the matter as expeditiously as possible and complete the trial, in any event, not later than two months from the date of receipt of a copy of the order.

With the above observation, for the present, the petitioner's bail application stands dismissed.

sd/- 23/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS To 1.The Judge, Principal Special Court for EC and NDPS Act Cases, Madurai. 2.The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

3.The Superintendent, Central Prison, Palayamkottai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN CRL OP(MD) No.15347 of 2024 Date :23/09/2024 ED/ JGB /SAR- (03/10/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4