Anishkumar 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 ANISHKUMAR ... PETITIONER / ACCUSED No.2 Vs THE INSPECTOR OF POLICE NIB CID POLICE STATION, NAGAPATTINAM DISTRICT (CRIME NO.06 OF 2022) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.KARUNAKARAN K.M. Advocate For Respondent : Mr.B.NAMBI SELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

FOR BAIL IN CRIME NO.06 OF 2022 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 18.01.2022 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c) and 25 of the Narcotic Drugs and Substances Act, 1985 in Crime No.06 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 167kgs of Ganja. Hence, the case. 1/3

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.11384 of 2023 was dismissed by this Court on 26.06.2023 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 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 2/3

TO 1 THE INSPECTOR OF POLICE NIB CID POLICE STATION, NAGAPATTINAM DISTRICT 2 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI.

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

ORDER

IN Date :02/01/2024 SS/DD/SAR- /08/01/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3