Sundarraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sundarraj ... Petitioner / Accused No.4 Vs Through The Inspector of Police, Batlagundu Police Station, Dindigul District.

(Crime No.142 of 2023).

... Respondent / Complainant For Petitioner :

Mr.V.S.Ariharasudhan, Advocate.

For Respondent :

Mr.S.Ravi, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.142 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 28.03.2023 for the offences punishable under Section 8(c) r/w 20(b)(ii)(C), 29(1) and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.142 of 1/3

2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 28.03.2023 at about 11.45 hours, based on the secret information received by the SubInspector of Police, he along with the police party went to Naveen Bakery at Theni to Dindigul Bye-pass Road and on seeing the police party, the petitioner/accused and other accused attempted to escape. The respondent police nabbed the petitioner and other accused and enquired them, they were found to be in joint possession of 22kgs of Ganja. The said contraband was seized by the respondent police and sample has also been taken. Hence, the complaint.

3.This is the third bail petition filed by the petitioner, on the ground that the petitioner is undergoing Dialysis treatment.

4.It is stated by the learned Additional Public Prosecutor that the said ground was raised by the petitioner even in the earlier occasion also. Now, the petitioner is undergoing medical treatment in the prison and there is no necessity to release him on bail. The petitioner is having previous cases at his credit. Hence, prays to dismiss the petition.

5.Though it is the third petition for bail, considering the bad antecedents of the petitioner, gravity of offence committed, there is no change of circumstances and the vehement objection raised by the learned Additional Public Prosecutor, this Court is 2/3

not inclined to enlarge him on bail. Moreover, the petitioner has not satisfied the twin conditions under Section 37 of NDPS Act. 6.Accordingly, this Criminal Original Petition stands dismissed. sd/- 04/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Inspector of Police, Batlagundu Police Station, Dindigul District.

2.The Superintendent, Central Prison, Madurai.

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

ORDER

IN CRL OP(MD) No.15734 of 2023 Date :04/09/2023 ED/JGB/SAR- (15/09/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3