Chithra v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Chithra, ... Petitioner/4th Accused Vs State Rep.by The Inspector of Police, Sellur Police Station, Madurai City.

(Crime No.743/2022)..

... Respondent/Complainant For Petitioner : M/s.Muniyandi S,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.743/2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.4 herein, who was arrested on 13.08.2022 for the alleged offence under Sections 8(c), 20(b)(ii)(C) and 29(1) of NDPS, in Crime No.743 of 2023, on the file of the respondent police, seeks bail. 1/3

2. The case of the prosecution is that on 12.08.2023, the petitioner and four other accused were in illegal possession of 22.500 kgs of Ganja. Hence the complaint.

3. While passing orders in Crl.O.P.(MD)No.11799 of 2023, which was filed by Pandiselvi/ Accused No.8, by the very same counsel, a direction was issued to the trial Court to complete the process within a period of five months. The order was passed on 11.07.2023 and the learned counsel for the petitioner relied upon the order in Crl.O.P.(MD)No.11021 of 2023, in respect of the sixth accused.

4. However, considering the fact that subsequent order was passed on 11.07.2023, I find no reason to entertain this petition at this stage. Let the trial Court complete the trial as directed earlier.

5. Considering the above said facts and circumstances of the case, earlier bail application filed by the petitioner was dismissed by this Court. However, for conducting eye surgery interim bail was granted to the petitioner and after completing the surgery, he surrendered before the concerned authority. Now he wanted to take treatment of right eye.

6 .The learned Additional Public Prosecutor produced the Medical Certificate stating that now the condition is stable and there is no advise for him to take surgery on the right eye. Now the trial process is underway and if any medical emergency exists, he can approach the concerned trial Court. The trial Court is competent to note 2/3

the health condition of the petitioner and pass orders. At this stage this Court is not inclined to grant bail to the petitioner.

6.With the above said directions, this Criminal Original Petition stands dismissed.

sd/- 27/09/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, SPECIAL COURT FOR NDPS ACT CASES, MADURAI.

THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI CITY.

THE OFFICER INCHARGE SPECIAL PRISON FOR WOMEN, MADURAI THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.17103 of 2023 Date :27/09/2023 PKP/VRS/SAR- /06.11.2023/ 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3