← Library
Madras High CourtCRL OP(MD)/15793/2024dismissed

Sivaprakash v. The State Of Tamil Nadu

2024-09-23Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Sivaprakash ... Petitioner/Accused No.3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, NIB-CID Police Station, Madurai District.

(Crime No.2/2024.) ... Respondent/Complainant For Petitioner :

Mr.M.Chandra Sekaran, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner/accused No.3 on bail in connection with the Case in Crime No.2/2024 on the file of the respondent police and thus render justice. ORDER : The Court made the following order :- The petitioner, who was arrested on 15.01.2024, for the offences punishable under Sections 8(c) r/w 20(b) (ii) (c) 25, 29(1) of NDPS Act, in Crime No.2 of 2024, on the file of the respondent police, seeks bail. 1/3

2.The case of the prosecution is that the petitioner along with other accused was in possession of 75 kg of ganja.

3.This is the second application filed by this petitioner seeking bail. The earlier application filed by this petitioner was dismissed by this Court on 10.07.2024, considering the quantity of ganja involved in this case. 4.The learned counsel appearing for the petitioner submits that since the petitioner is the owner of the vehicle bearing Reg.No.TN 59 CK 4966, the respondent police has falsely implicated this petitioner in this case.

5. Considering the nature of offence and the bar under Section 37 of NDPS Act, this Court is not inclined to grant bail to this petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. Since the bail application of the petitioner is rejected, it is the responsibility of the trial Court to conclude the trial at the earliest. The trial Court is directed to conclude the trial within a period of six months from the date of receipt of a copy of this order. sd/- 23/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

VRN To 1.The Special Judge, Principal Special Court for Trial of cases EC and NDPS Act Cases, Madurai.

2.The Inspector of Police, NIB CID Police Station, Madurai District.

3.The Superintendent, Central Prison, Madurai, Madurai District.

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

ORDER

IN CRL OP(MD) No.15793 of 2024 Date :23/09/2024 ED/ JGB /SAR- (27/09/2024) 3P / 5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3