Pradeep v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI PRADEEP ... PETITIONER/ACCUSED NO.7 Vs THE INSPECTOR OF POLICE PALAKKARAI POLICE STATION, TRICHY CITY.

(CRIME NO.1199 OF 2022) ... RESPONDENT/COMPLAINANT For Petitioner :

MR.A.DEVAKI, 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 CC NO.175/2023 PENDING TRIAL ON THE FILE OF THE LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE / PRESIDING OFFICER, SPECIAL COURT FOR E.C AND NDPS ACT CASES, PUDUKKOTTAI.

ORDER : The Court Made the following order :- The petitioner, who is facing trial in C.C.No.175 of 2023 on the file of the learned Additional District and Sessions Judge / Presiding Officer, Special Court for E.C. and NDPS Act Cases, Pudukottai, for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(C), 25 and 29(1) of the NDPS Act, 1985 in connection with Crime No.1199 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner was found in illegal 1/3

possession of 22 kgs of Ganja. Hence, the complaint. 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.9640 of 2023 was dismissed by this Court on 05.06.2023 on the ground that the petitioner failed to satisfy the twin conditions as contemplated under Section 37 of 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/- 08/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, PALAKKARAI POLICE STATION, TRICHY CITY.

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2 THE SUPERINTEDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN Date :08/01/2024 RS/VR/SAR-(24.01.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3