Antony v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Antony ... Petitioner / Petitioner / Accused No.4 Vs The Inspector of Police, NIBCID, Sivagangai Police Station, Sivagangai District. (Crime No. 1 of 2023.) ... Respondent / Respondent / Complainant

For Petitioner : M/s.Vishnuvarthanan.P.M., 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. 1 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.4 herein, who was arrested on 30.01.2023 for the alleged offences under Sections 8(c), 20(b)(ii)(c), 25, 29(i) of NDPS Act and Sections 468, 471, 420 of IPC, in Crime No.1 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the Inspector of Police stated to have received secret information on 07.01.2023 with regard to the transporting Ganja. Therefore, she along with her Subordinates with equipments proceeded towards Avanam Kaikkatti to Peravoorani Road, where they stated to have nabbed A1 and A2 who were found in possession of 196 Kg. of Ganja. Hence, the case.

3.Earlier application filed by the petitioner was dismissed by this Court with a direction to the trial Court to complete the trial process within a period of five months from the date of taking cognizance. In the meantime, the detention order passed against this petitioners and others were set aside by the order of this Court, dated 07.08.2023. On that ground this petition has been filed.

3.The learned Additional Public Prosecutor would submit that the case before the trial Court was posted for framing of charges on 12.09.2023. But, the accused was not produced. Therefore, it was posted tomorrow for framing charges. Earlier direction could not be complied by the trial Court, since one accused namely A5 died in the prison. For producing the above said death certificate the matter is now posted. The learned Additional Public Prosecutor would further submit that they will co-operate with the trial Court to complete the trial process as directed earlier.

4.I find no reason to enlarge the petitioner on bail. Let the earlier direction passed by this Court dated 01.08.2023, be complied by the trial Court. This criminal original petition is dismissed.

sd/-

13/09/2023

/ TRUE COPY /

/10/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TM To

1.The Inspector of Police, NIBCID, Sivagangai Police Station, Sivagangai District.

2.The Superintendent, Central Prison, Trichy.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate ( SR-13700[I] dated 15/09/2023 ) ORDER IN CRL OP(MD) No.16156 of 2023 Date :13/09/2023 ED/VRS/SAR- (17/10/2023) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023