Babin v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Babin ... Petitioner/ Sole Accused Vs State represented by The Inspector of Police, Kottar Police Station, Kanyakumari District. In Crime No.873 of 2021.

... Respondent/Complainant For Petitioner : M/s.R.Saravana Kumar, 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.873 of 2021 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.4 herein, who was arrested on 23.11.2021 for the alleged offence under Sections 8(c), 20(b)(ii)(C) of NDPS, in Crime No.873 of 2021, on the file of the respondent police, seeks bail.

¶2The case of the prosecution in brief is that, on 23.11.2021 at about 9.15 a.m., on receiving a secret information some of the persons are selling Ganja to the school going children. Along with police team, they went to Hindu College Road and watching movements. At that time, a person was found carrying a package. That person was identified by the police informer. He was apprehended and on enquiry he disclosed his name as Babin. On suspicion, they made search and found in possession of 21 Kg of Ganja. Sample was taken and further process was undertaken as per the procedure and rules.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case.

¶4The learned Additional Public Prosecutor would submit that this is the third bail petition before this Court. The accused is having several previous cases and this is the sixth robbery case against the petitioner.

¶5After hearing the learned counsel for the petitioner and the learned Additional Public Prosecutor, it is seen that P.W.1 was examined in chief on

12.01.2023 and not cross examined and further posted for further examination on

04.08.2023.

¶6Considering the period of incarceration, there shall be a direction to the trial Court to complete the trial within a period of three months from the date of receipt of a copy of this order, for which the petitioner must also cooperate.

¶7With this direction, this Criminal original Petition is dismissed.

sd/-

26/07/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. pnn To

1.THE JUDGE, PRINCIPAL SPECIAL COURT FOR EC & NDPS ACT CASES, MADURAI.

2.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

3.THE INSPECTOR OF POLICE, KOTTAR POLICE STATION, KANYAKUMARI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.11885 of 2023 Date :26/07/2023

RK/VR (14/08/2023) 4P /6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023