Selventhiran v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Selventhiran, ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Elumalai Police Station, Madurai District, Crime No. 87/2023.
... Respondent/Complainant For Petitioner : M/s. Krishnaveni. P, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 87 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial 1/4
custody on 06.05.2023 for the offence under Sections 8(C), 20(b)(II)(C), 25 and 29(1) of NDPS Act, 1985 in Crime No.87 of 2023, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that based on secret information, the respondent police conducted a ride and 21 kgs of ganja was seized from A1 to A3. Based on confession, 2 kgs of ganja was seized from other accused persons, who were arrested in the course of investigation. Thus, in total, 23 kgs of ganja was seized in this case. There are totally 6 accused persons in this case and the petitioner has been arrayed as A2.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.
4. This is the 4th bail petition filed by the petitioner. The previous bail petition was dealt with in Crl.O.P.(MD)No. 1358 of 2024. This Court found that the petitioner has not satisfied the twin requirements under Section 37 of the NDPS Act, 1985 and accordingly, the bail petition was dismissed.
5. The learned Additional Public Prosecutor appearing for the respondent police submitted that A5 is still absconding. Steps have already been taken to split up the case and to conduct trial for other accused persons, who have all been arrested in this case. Except A4, all others have been released on bail. 2/4
6. Taking into consideration the previous order passed by this Court and also considering the fact that there is no change in circumstance and the case is already before the trial court after completion of investigation, this Court is not inclined to enlarge the petitioner on bail. This is more so, since there are three previous cases against the petitioner, out of which, one case pertains to NDPS Act.
7. In view of the above, there shall be a direction to the I Additional Special Court for Trial of NDPS cases, Madurai, to split up the case and proceed further in the case in CC No.113 of 2024 as against other accused persons and complete the proceedings within a period of four months from the date of receipt of a copy of this order.
8. With the above directions, this criminal original petition is dismissed. sd/- 25/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SM TO 1 THE PRINCIPAL SPECIAL JUDGE FOR TRIAL OF NDPS ACT CASES, MADURAI.
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2 THE I ADDITIONAL SPECIAL JUDGE FOR TRIAL OF NDPS CASES, MADURAI.
3 THE OFFICER INCHARGE, DISTRICT JAIL, THENI.
4 THE INSPECTOR OF POLICE, ELUMALAI POLICE STATION, MADURAI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.19628 of 2024 Date :25/11/2024 SS/GSV/SAR- /29/11/2024/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4