Gopi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI GOPI ... PETITIONER/ ACCUSED NO.4 Vs THE INSPECTOR OF POLICE NIB CID, SIVAGANGAI POLICE STATION, SIVAGNAGAI DISTRICT.

CR.NO.1/2023 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.RAAMAKRISHINAN.KA. Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

Prayer To enlarge the petitioner Accused on Bail in C.C.No.178/2023 pending on the trial of the Learned 2nd Additional District Judge for EC and NDPS Act Cass Sivagangai District and thus render justice.

ORDER : The Court Made the following order :- The petitioner/A4, who is facing trial for the offences punishable under 1/3

Sections 8(c) r/w 20(b)(ii)(c), 25 and 29(1) of NDPS Act and Sections 468, 471 and 420 of IPC in C.C.No.178 of 2023 on the file of the 2nd Additional District Judge for EC and NDPS Act Cases, Sivagangai District in Crime No.1 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the accused persons were found in illegal possession of 196 kgs of ganja. Hence the case. 3.Heard the learned counsel on either side and perused the material records of the case.

4.It appears that this is the second application for bail and the earlier bail application filed by the petitioner in Crl.OP(MD)No.17727 of 2023 was dismissed by this Court on 15.06.2023 on the ground that the petitioner has not satisfied the twin conditions as required under Section 37 of the NDPS Act. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case.

5.Considering the above facts and circumstances of the case and also considering the fact that there is no change in circumstances, since the dismissal of 2/3

the earlier petition, this Court is not inclined to grant bail to the petitioner. 6.In the result, this Criminal Original Petition is dismissed. sd/- 02/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. -I/ II/ III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

sji TO 1.THE 2ND ADDITIONAL DISTRICT JUDGE FOR EC AND NDPS ACT CASS SIVAGANGAI DISTRICT 2.THE INSPECTOR OF POLICE NIB CID, SIVAGANGAI POLICE STATION, SIVAGNAGAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

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

ORDER

IN Date :02/01/2024 RK/VR (04/01/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3