PRABAKARAN @ CHINA PRABHAKARAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition is filed by the accused No.8 in Crime No.1453 of 2020, on the file of the respondent police seeking bail.

(2.) The petitioner, who is arrayed as accused No.8 in the above Crime Number, was arrested by the respondent police on 24/2/2021. He moved a bail application before the I Additional Special Court for NDPS Act Cases, Madurai in Crl.MP No.23 of 2022 and the trial Court by order dtd. 24/2/2022 dismissed the application that the petitioner/accused did not make out a case to defeat the bar under Sec. 37 of NDPS Act r/w Sec. 439 of Cr.P.C. Challenging the order of the trial Court, the present Criminal Original Petition is filed.

(3.) This Criminal Original Petition was listed before the regular Court dealing with cases filed under Sec. 439 of Cr.P.C and when the application was taken up for hearing on 14/3/2022, a request was made for an adjournment and thereafter, the learned counsel appearing for the petitioner filed a memo stating that this application is the second application and the earlier application moved by the petitioner in Crl.OP(MD)No.14532 of 2021 was dismissed by this Court on 28/9/2021 and by mistake, the application is filed as a first application due to miscommunication and requested the Court to post the present application before this Court. In view of the memo filed by the petitioner, this bail application is listed before this Court for hearing.