Madras High CourtCRL MP(MD)/2017/2025dismissed

K.Vellimalai v. The State Of Tamilnadu

2025-04-09Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Crl.A(MD) No.210 of 2025 K.Vellimalai ... Petitioner Vs.

State of Tamil Nadu, Rep by the Inspector of Police, NIBCID, Dindigul Crime No.74/2015 ... Respondent For Petitioner : Mr.P.Thangaprithvirajan For Respondent : Mr.T.Senthilkumar Additional Public Prosecutor

O R D E R

This petitioner is the sole accused in C.C.No.280 of 2015. He was tried for the offence under Section 8(c) r/w. 20(b)(ii)(B) of the NDPS Act that he was in possession of 10 kg of ganja. After the trial, the trial Court, by its Judgment dated 21.10.2024, found the petitioner guilty and convicted and sentenced him to undergo 4 years rigorous imprisonment and to pay a fine of Rs.50,000/- with the default sentence of one year simple imprisonment. As against the conviction and sentence 1/3

imposed by the trial Court in CC.No.280 of 2015, dated 21.10.2024, the petitioner has filed a Criminal Appeal in Crl.A(MD) No.210 of 2025 and the same has been admitted by this Court on 24.02.2025. The petitioner has also moved this application to suspend the sentence imposed on him by the trial Court.

2. On the objections of the learned Government Advocate as to the antecedents as against this petitioner that this petitioner has involved in three similar offence, this Court suggested this petitioner to offer a surety of most respectful person in the Society and one of the surety must be a Government servant, giving undertaking to ensure that this petitioner will not misuse his liberty and will not indulge in any offence.

3.This Court has granted sufficient time to the petitioner, however, the petitioner has not come forward with a Government surety. 4.In view of the above, this Criminal Miscellaneous Petition is dismissed, with liberty to the petitioner to renew the application along with a Government surety. sd/- 09/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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vrn TO 1 THE ADDITIONAL SPECIAL JUDGE,FOR NDPS ACT, MADURAI. 2 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI. 3 THE INSPECTOR OF POLICE, NIBCID, DINDIGUL. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in Crl.A(MD) No.210 of 2025 Date :09/04/2025 NBF/SAR/02.05.2025 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3