Sare Pala Venkaa Giri Pabu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Sare Pala Venkata Giri Pabu, ... Petitioner/Accused No.13 Vs The Inspector of Police, Sedapatty Police Station, Madurai District.

Crime No. 123 of 2022.

... Respondent/Complainant For Petitioner : M/s.Prabakaran.A, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To release the petitioner on bail in C.C No. 430 of 2023 on the file of the Honble Principal Special Judge for EC and NDPS Act cases, Madurai in Cr. No. 123 of 2022 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/accused, who arrayed as accused was arrested and remanded to judicial custody on 13.10.2022 for the offences punishable under Sections Girl Missing @ u/s. 8(c) r/w. 20(b)(ii)(c) 25 and Section 29(i) of NDPS Act in Crime NO. 123 of 2022, on the file of the respondent police seeks bail.

2. The case of the prosecution is that based on the secret information received, the respondent police conducted an inspection at Kalapanpatti near cement Water tank at 6.00 am on 07.10.22, and at time the petitioner herein and other accused have illegally found in possession of 24 kgs Kanja. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his names has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 13.10.2022 and seeks bail.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that further contended that it is a second anticipatory bail petition and the earlier petition filed by the petitioner was dismissed by this Court on 13.03.2023 in Crl.O.P(MD).No.23009 of 2022. He would further submit that the contraband recovered is commercial quantity and hence, he strongly opposed to grant bail to the petitioner.

5. Considering the gravity of offence and also considering the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal Original Petition is dismissed. sd/- 19/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The Principal Special Judge for EC and NDPS Act cases, Madurai.

2. The Officer Incharge, Central Jail, Madurai 3/4

3. The Inspector of Police, Sedapatty Police Station, Madurai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.17779 of 2023 Date :19/10/2023 SSA/JGB/(21.11.2023)/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4