Madras High CourtCRL OP(MD)/22661/2023disposed of

Jagubar v. The Inspector Of Police

2024-01-05Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI JAGUBAR ... PETITIONER / ACCUSED No.2 Vs THE INSPECTOR OF POLICE THONDI POLICE STATION, RAMANATHAPURAM CRIME NO.1/1999 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.SEENISULTHAN.M Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

FOR BAIL IN CRIME NO.1/1999 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner, who was arrested on 03.11.2023 for the offences punishable under Sections 8(c) and 21(C) of NDPS Act, 1985 in Crime No.1 of 1999 on the file of 1/3

the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is alleged to have found in possession of 500 gms of brown sugar.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence. He would further submit that the petitioner is in custody since 03.11.2023 and therefore, he prays for bail. The learned counsel appearing for the petitioner further submitted that the case was registered in the year 1999 and the charge sheet has been filed only in the year 2001. The learned counsel appearing for the petitioner would further submit that the co-accused has been enlarged on bail.

4. The learned Additional Public Prosecutor appearing for the respondent Police submitted that the quantity involved in this case is a commercial quantity and he opposed for grant of bail to the petitioner. He would further submit that the trial is in progress.

5. Taking into consideration the nature and gravity of offence and the considering the fact that the quantity of contraband involved in this case is a commercial quantity, I am not inclined to grant bail to the petitioner.

6. Hence this Criminal Original Petition is disposed of with a direction to the learned Additional District and Sessions Judge / Presiding Officer, Special Court for 2/3

E.C. And NDPS Act Cases, Pudukottai. to complete the trial within a period of six months from the date of receipt of a copy of this order. sd/- 05/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO THE ADDITIONAL DISRICT AND SESSIONS JUDGE/ PRESIDING OFFICER, SPECIAL COURT FOR EC AND NDPS ACT CASES, PUDUKKOTTAI. THE INSPECTOR OF POLICE THONDI POLICE STATION,RAMANATHAPURAM THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

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

ORDER

IN Date :05/01/2024 PKP/DD/SAR- /11.01.2024/ 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3