Madras High CourtCRL OP(MD)/17310/2023dismissed

Gangadeva v. The Inspector Of Police

2023-09-26Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN and Crl.M.P(MD) No.13727 of 2023 Gangadeva ... Petitioner/Accused No.1 Vs The State, through The Inspector of Police, Allinagaram Police Station, Theni District.

(Crime No.621 of 2021). ... Respondent/ Complainant For Petitioner : Mr.M.Pitchai Muthu, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor.

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

PRAYER :- For Bail in C.C.No.7 of 2023 on the file of the Principal Special Court for Trial of NDPS Act Cases, Madurai.

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Prayer in CRL MP(MD). 13727/ 2023 :

To enlarge the petitioner on interim bail for 30 days to get medical treatment. ORDER : The Court made the following order :- The petitioner/A1, who arrested for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 in C.C.No.7 of 2023 on the file of the Principal Special Court for Trial of NDPS Act Cases, Madurai, seeks anticipatory bail

2. The case of the prosecution is that on 18.12.2021 at about 17.00 hours, on receipt of secret information, the respondent Police conducted search near Pandi Kovil at Vallinagar. At that time, they found three persons carrying three plastic bags and on seeing the police, one person escaped from the place of occurrence and two others were apprehended by the Police. They found that the accused were in illegal possession of 21 kgs of Ganja. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and is no way connected with the alleged offences. Further, Final Report has been filed before the concerned Court in C.C.No.463 of 2023 and the case against the petitioner was split up and new number was assigned as C.C.No.7 of 2023. 2/4

4. The petitioner approached the concerned Court seeking interim bail, that was dismissed stating that it is the commercial quantity of contraband.

5. Even though the learned counsel for the petitioner submitted that the petitioner has to undergo kidney transplantation, since, Final Report has been filed before the concerned Court, the concerned Special Judge is capable to ascertain the ground situation. Let the petitioner approach the trial Court for bail.

6. With the above said liberty, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. sd/- 26/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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2.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3. THE INSPECTOR OF POLICE, ALLINAGARAM POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.17310 of 2023 Date :26/09/2023 RK/DD(11/10/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4