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Madras High CourtCRL OP(MD)/17365/2023dismissed

Pandiselvam v. The Inspector Of Police

2023-09-27Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Pandiselvam ... Petitioner/Accused No.5 Vs State represented by The Inspector of Police, Dindigul Town West Police Station, Dindigul.

Crime No.568/2022.

... Respondent/Complainant For Petitioner : M/s.A.VADIVEL 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.568/2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 02.01.2023 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(c) and 25 of NDPS Act, in Crime No.568 of 2022, on the file of the respondent police, seeks bail. 2.Earlier petitions seeking bail, were dismissed by this Court, since the petitioner has failed to satisfy the twin conditions as contemplated under Section 37 1/3

of NDPS Act since he was found in possession of 37 kgs of ganja. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. 4.The learned Government Advocate submitted that the petitioner along with other accused found in possession of the contraband, which is in commercial quantity. The petitioner is having four previous cases. There is no change in circumstances. Hence, prays to dismiss the petition.

5. Considering the facts and circumstances of this case and also the submission of the learned Additional Public Prosecutor that no change in circumstances, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 27/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO 1 THE INSPECTOR OF POLICE, DINDIGUL TOWN WEST POLICE STATION, DINDIGUL.

2 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

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

ORDER

IN CRL OP(MD) No.17365 of 2023 Date :27/09/2023 SA/VRS/SAR. /18.10.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3