Senthil 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 1 SENTHIL 2 PALANIAPPAN ... PETITIONER/ACCUSED 7 & 8 Vs THE INSPECTOR OF POLICE DINDIGUL WEST TOWN POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO.568/2022).

... RESPONDENT/COMPLAINANT For Petitioners : MR.S.M.RAMASIVA Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

Prayer :

To enlarge the petitioner on bail in connection with Crime No.568/2022 on the file of the respondent police in CC No.645/2023 on the file of Additional District Judge for NDPS Act, Madurai.

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ORDER : The Court Made the following order :- The petitioners/A7 & A8, who are facing trial for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c) and 25 of NDPS Act @ 8(c) r/w 20(b)(ii)(B), 25 and 29(1) of NDPS Act in C.C.No.645 of 2023 on the file of the learned Additional District Judge for NDPS Act Cases, Madurai in Crime No.568 of 2022 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners were found in illegal possession of 37kgs of Ganja, which is a commercial quantity, hence, the case came to be registered.

3.Heard the learned counsel on either side and perused the material records of the case.

4.It appears that this is the fifth application for bail and the earlier bail applications filed by the petitioners in Crl.OP(MD)Nos.3771, 7534, 11570 and 15730 of 2023 were dismissed by this Court on 06.03.2023, 24.04.2023, 27.06.2023 and 30.08.2023 on the ground that the petitioners have not satisfied the twin conditions as 2/4

required under Section 37 of the NDPS Act. Now, these applications are filed by the petitioners 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 petitions, this Court is not inclined to grant bail to the petitioners. 6.In the result, this Criminal Original Petition is dismissed. sd/- 02/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( CS-I/ II/ III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1.THE ADDITIONAL DISTRICT JUDGE FOR NDPS ACT, MADURAI. 2.THE SUPERINTENDENT, CENTRAL PRISON,MADURAI.

3.THE INSPECTOR OF POLICE DINDIGUL WEST TOWN POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN Date :02/01/2024 RK/DD (09/01/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4