Kumar @ Sivakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2023 PRESENT THE HON'BLE MR.JUSTICE G.ILANGOVAN Kumar @ Sivakumar ... Petitioner/Accused No.4 Vs.

The Inspector of Police, NIBCID Police Station, Nagapattinam District.

(Crime No.15 of 2020) ... Respondent/Complainant For Petitioner :

Mr.J.Sulthan Basha, Advocate For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.15 of 2020 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 25.04.2022 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C), 25, 29(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.15 of 2020, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 21.07.2020 in the early hours at 0.03 a.m., 1/3

upon the secrete information furnished by the police informer, the police team visited Pushpavanam seashore area and at that time, a boat was identified by the informer. At about 2.00 a.m., two persons were carrying gunny bags and loaded the boat. They were identified by the police informer and both the persons were apprehended and they disclosed that their name as Mahendran and Dhanapal. On suspicion search was made, they have found in possession of 36 Kgs of ganja. So further process was undertaken as per the procedure and the accused persons were arrested and remanded to judicial custody and this petitioner has been arrayed as first accused. He moved bail application before the trial Court and the trial Court found that Section 37 of the NDPS Act has not been complied.

3. Learned Additional Public Prosecutor submitted that trial is almost over and the case was posted for cross examination of the investigation officer. He further submitted that this is the third bail petition filed by the petitioner before this Court.

4. In view of the above submission, I find no reason to entertain this petition. This Court is not inclined to grant any relief to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. sd/- 18/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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pnn To 1 THE INSPECTOR OF POLICE, NIBCID POLICE STATION, NAGAPATTINAM DISTRICT.

2 THE SUPERINTEDENT, CENTRAL PRISON, TIRUCHIRAPPALLI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.J.SULTHAN BASHA, Advocate ( SR-17996[I] dated 19/12/2023 )

ORDER

IN CRL OP(MD) No.22751 of 2023 Date :18/12/2023 RS/JGB/SAR-(05.01.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3