Crl.R.C.(MD).No.375 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 11.04.2023

Pronounced on : 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

Crl.R.C.(MD)No.375 of 2023

Parimaladoss @ Doss

... Petitioner/

Accused No.5

Vs.

The Inspector of Police,

NIB-CID,

Sivagangai,

Sivagangai District.

(Crime No.12 of 2020)

... Respondent/

Complainant

PRAYER: Criminal Revision Petition has been filed under Section 397 r/w

401 of Cr.P.C., to call for the records relating to the order dated 01.02.2023

passed in Cr.M.P.No.1275 of 2022 in C.C.No.02 of 2021 on the file of the

Additional District and Sessions Judge/Presiding Officer, Special Court for EC

& NDPS Act cases, Pudukottai and set aside the same and further direct the

trial Court to accept the bonds and sureties on the side of the petitioner for his

due appearance in C.C.No.02 of 2021.

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Crl.R.C.(MD).No.375 of 2023

For Petitioner

: Mr.D.Selvam

For Respondents : Mr.R.Meenakshi Sundaram

Additional Public Prosecutor

ORDER

This Criminal Revision is directed against the order passed in

Cr.M.P.No.1275 of 2022 in C.C.No.02 of 2021 dated 01.02.2023 on the file of

the Special Court for EC and NDPS Act cases, Pudukottai, dismissing the

petition seeking permission to execute bond with sureties for the appearance

of the revision petitioner/fifth accused under Section 88 of the Code of

Criminal Procedure.

2. The case of the prosecution is that on 22.06.2020, on receipt of secret

information, at about 12.00 noon the police party went to the spot and

intercepted a white color XYLO car bearing Registration No.TN-22-CH-4986

and on search, 144kgs of Ganja was found in the car, that the third accused,

who had driven the said car, has given a voluntary confession statement, that

the police party had recovered the contraband of 144kgs of Ganja, a sum of

Rs.90,000/- and a mobile phone from the third accused and that after

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Crl.R.C.(MD).No.375 of 2023

completing the investigation, final report came to be filed against five persons

including the revision petitioner herein for the offences under Sections 8(c)

r/w 20(b)(ii)(C), 29(1) and 25 of NDPS Act.

3. Since the revision petitioner was absconding, charge sheet was taken

on file in C.C.No.02 of 2021 and Non-Bailable Warrant (NBW) was issued

against the revision petitioner.

4. It is not in dispute that the revision petitioner has earlier moved an

application for anticipatory bail in Crl.O.P.(MD)No.2957 of 2021 and the

same was ordered to be dismissed on 30.04.2021 and subsequently, moved

another application in Crl.O.P.(MD)No.16263 of 2021 and the same was also

ordered to be dismissed on 28.10.2021.

5. It is also not in dispute that the revision petitioner has then moved an

application under Section 88 Cr.P.C. in Cr.M.P.No.1275 of 2022 seeking

permission to execute bond with sureties for his future appearance in the case

pending in C.C.No.02 of 2021 on the file of the Special Court for EC and

NDPS Act cases, Pudukottai. The respondent has filed a memo of objection

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Crl.R.C.(MD).No.375 of 2023

raising serious objections to grant the relief claimed under Section 88 Cr.P.C.

The learned Special Judge, after enquiry, has passed the impugned order dated

01.02.2023 dismissing the said petition. Aggrieved by the order of dismissal,

the fifth accused has now come forward with the present criminal revision.

6. When the matter was taken up for admission, the learned counsel

appearing for the revision petitioner would strongly contend that the learned

Special Judge has passed an one lined blanket order without assigning any

reasons and that therefore, the order is legally unsustainable. This Court, after

perusing the records and by taking note of the docket entry as “Orders

pronounced. In the result,