1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15794 of 2011 MURUGESAN ... PETITIONER/SINGLE ACCUSED Vs STATE BY THE INSPECTOR OF POLICE SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT CR. NO. 326/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. N.SANKAR GANESH Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the accused in Crime No.326 of 2011 on the file of the respondent police, for offence under Sections 8(C) r/w 20(b)(ii) (B) of NDPS Act, 1985. The petitioner was arrested and remanded to judicial custody on 15.10.2011. He has come forward with this petition seeking bail. 2. Heard Mr.N.Sankar Ganesh, learned Senior Counsel appearing for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner has been in judicial custody from 15.10.2011 and he is suffering from leg fracture and the earlier application filed by the petitioner was dismissed by this Court and the investigation could have been completed by this time. He would further submit that the petitioner is ready to abide any condition likely to be imposed by this Court. 4. The learned Additional Public Prosecutor would submit in his argument that the petitioner has got number of cases to his credit and in two occasions, he was detained under the Goondas Act. He would further https://hcservices.ecourts.gov.in/hcservices/ 2 submit that if for any reason the petitioner is released on bail, he will abscond from the clutches of law. He would further submit that the investigation is pending. 5. I have considered the above submissions. 6. Considering the submissions made on either side, this Court could see that the petitioner was involved in more than 22 cases and he was detained under the Goodas Act in the year 1989. It is no doubt that the petitioner is taking treatment for his ailment in the Central Prison itself. However, the investigation is still pending and in an earlier occasion this Court dismissed the bail application of the petitioner and there is no change of circumstances. In view of the above reasons, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition is dismissed. sd/- 14/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY 2 THE INSEPCTOR OF POLICE, SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. N.SANKAR GANESH Advocate SR.No.43799 ORDER IN CRL OP(MD) No.15794 of 2011 Date :14/12/2011 TR : 19.12.2011: 2p/5c https://hcservices.ecourts.gov.in/hcservices/