Kumaresan, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Kumaresan ... Petitioner/Accused No.2 Vs The State of Tamil Nadu,, Rep.By The Inspector of Police, Nib Cid Dindigul Police Station, Dindigul District.

(Crime No.50 of 2014).

... Respondent/Complainant For Petitioner : M/s.Thangaprithvirajan.P, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To grant bail to the petitioner who is in judicial custody in connection with Crime No.50 of 2014 in C.C.No.66 of 2017 on the file of the Principal Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Madurai. 1/4

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 31.05.2024 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(C) of NDPS Act, 1985 in crime No.50 of 2014 on the file of the respondent police, seeks bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

3.

Considering the fact that the occurrence is of the year 2014 in Crime No.50 of 2014 and the case of the year 2017 in C.C.No.66 of 2017 and there are totally 5 accused in this case and already A2 and A4 have since died and the charges against them having stood abated, A3 is facing trial. A1 and this petitioner / A5 were continuously absconding and as against this petitioner, NBW was issued on 31/10/2023, however, was secured only on 31/5/2024 and still A1 is absconding and considering the fact that the prosecution is taking steps to split up the trial in respect of this petitioner and the other accused A3 and to proceed 2/4

further with the trial and considering the fact that there are only 14 witnesses in this case to be examined and that it is possible to complete the trial within a period of three months from the date of receipt of a copy of this order, for the present, I am not inclined to enlarge the petitioner on bail.

4. Since the petitioner's bail is denied, the prosecution is directed to forthwith bringing a copy of this order to the notice of the trial court and the case shall be split up and that the trial shall be proceeded against this petitioner as expeditiously as possible and complete the same in any event not later than three months from the date of receipt of a copy of this order.

5. Accordingly, this Criminal Original Petition is dismissed for the present. sd/- 26/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 3/4

TO 1 THE PRINCIPAL SPECIAL JUDGE FOR TRIAL OF NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE, NIB CID DINDIGUL POLICE STATION, DINDIGUL DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.16242 of 2024 Date :26/09/2024 SS/MMS/SAR- /22/10/2024/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4