Christopher v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Christopher ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

Crime No. 397/2022.

... Respondent/Complainant For Petitioner :

M/s.Raama Krishnan.Ka., Advocate.

For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioner / Accused on bail in C.C No. 1242 of 2022 pending on the trial of the Learned Principal Special court of NDPS, Madurai ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody, on 29/08/2022 for the offences punishable under sections 8(c) r/w 20(b)(ii)(B), 28 and 29

(1) of NDPS Act @ 8(c) r/w 20(b),(ii)(c), 29(1) of NDPS Act, in CC No.1242 of 2022 on 1/4

the file of the Principal Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act cases, Madurai, in Crime No.397 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 04/06/2022 at about 03.00 pm, the defacto complainant received a secrete information from the police informer. Along with his team members, were doing their patrolling duty near Thoothukudi George Road, Indhira Nager, 2nd Street, at that time, they found 5 persons in a suspicious manner. They were apprehended and search was made. On search, they were found in possession of Ganja Oil. Further process was undertaken as per the Rule. The accused were arrested on the spot itself and later, the case was registered as stated above.

3.Seeking bail, he moved several applications before the trial court. Last application was dismissed on the ground that section 37 of the Act has not been complied.

4.The learned Additional Public Prosecutor would submit that examination of witnesses are over and the matter is posted for questioning the accused under 313 Cr.P.C. before the trial Court tomorrow.

5.This petition has been filed by the petitioner on the health ground. Since the petitioner is going to be produced by tomorrow, the concerned Court can find out the 2/4

health condition of the petitioner.

6.The petitioner can revive his application before the trial Court itself, if the 313 Cr.P.C. proceedings is not over on tomorrow.

7.With the above said directions and liberty, this criminal original petition stands dismissed.

sd/- 25/09/2023 / TRUE COPY / 25/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THHE PRINCIPAL SPECIAL JUDGE OF NDPS, MADURAI, MADURAI DISTRICT.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

4 THE INSPECTOR OF POLICE, THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.

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

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ORDER

IN CRL OP(MD) No.17235 of 2023 Date :25/09/2023 RS//SAR-(25.09.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4