Chidambaram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CHIDAMBARAM ... PETITIONER / ACCUSED No.5 Vs THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.537/2022) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.S.ABUL KALAAM AZAD, Advocate for M/S.SPICY LAW FIRM For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

FOR BAIL IN CRIME NO.537 OF 2022 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A5, who is facing trial for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c), 25 and 29(i) of NDPS Act in C.C.No.11 of 2023 on the 1/3

file of the Principal District Court, Thanjavur in Crime No.537 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 24.08.2022, based on secret information, the respondent police, conducted a vehicle check up on perayurani to Arandhangi Main Road, at that time, two Ashok Leyland vehicles came, which were stopped by the respondent police and searched the vehicles and found 8 white colour gunny bags each containing 20kgs of Ganja and one white colour gunny bag containing 20kgs of Ganja and totally 416kgs contraband was found in the bag and the same was seized by the respondent police. Based on the confession statement of the coaccused, a case has been registered as against the petitioner and other accused. Hence, the case.

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.6185 of 2023 was dismissed by this Court on 12.04.2023 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.

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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/- 03/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI.

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

ORDER

IN Date :03/01/2024 SS/VR/SAR- /09/01/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3