A criminal jury bail petition under Section 439 Cr.P.C. filed by an accused involved in poaching the EC and NDPS Act against which the bail was dismissed due to no change of circumstances.
Criminal Original Petition No.721 of 2024 is dismissed.
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CRL OP(MD) No.721 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Friday, the Nineteenth day of January Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice M.DHANDAPANI
CRL OP(MD) No.721 of 2024
JALARI RAMANA ... PETITIONER/ACCUSED NO.8
Vs
THE INSPECTOR OF POLICE V.K.PURAM POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.376/2022
... RESPONDENT/COMPLAINANT
For Petitioner :MR. S.BALAJI Advocate
For Respondent :MR.B.NAMBISELVAN, Additional Public Prosecutor
PETITION FOR BAIL Under Sec. 439 Cr.P.C.
PRAYER: FOR BAIL IN CR.NO.376/2022 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :-
The petitioner / A8, who was arrested and remanded to judicial custody on
19.02.2023 on execution of Non-Bailable Warrant issued by the Principal Special
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CRL OP(MD) No.721 of 2024
Court for EC & NDPS Act Cases, Madurai, for the offences punishable under Sections 8(c) r/w 20(b)(ii)(c), 29(1) of NDPS Act and 328 of IPC in C.C.No.376 of 2022, seeks bail.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that this is the second bail petition. Earlier petition filed by the petitioner in Crl.OP (MD)No.10593 of 2023 was dismissed by this Court on 20.06.2023. The petitioner is in judicial custody from 19.02.2023. Hence, he prays for grant of bail to the petitioner.
4.Heard the learned Additional Public Prosecutor appearing for the State would submit that this is the second bail petition. Earlier petition filed by the petitioner was dismissed by this Court on 20.06.2023. He would further submit that there is no change of circumstances. Hence, he vehemently, opposed to grant bail to the petitioner.
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CRL OP(MD) No.721 of 2024
5.Considering the facts and circumstances of the case and also considering the
fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed.
sd/19/01/2024
/ TRUE COPY /
/01/2024 Sub-Assistant Registrar (C.S- I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS
TO
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN
CRL OP(MD) No.721 of 2024 Date :19/01/2024
RK/DD (29/01/2024) 3P / 4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether bail should be granted to the petitioner charged under the NDPS Act who had a prior bail petition dismissed without change of circumstances.
1 provisions across 1 enactments
JALARI RAMANA
THE INSPECTOR OF POLICE
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
