KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested pursuant to a NBW and remanded to judicial custody from 26/3/2022 in Spl.CC.No.115 of 2022 on the file of the Special Judge for EC/NDPS Act cases, Salem in Cr.No.56 of 2022 on the file of the respondent police, seeks interim bail to perform customary and last rituals to his mother.

(2.) The learned counsel for the petitioner would submit that the petitioner's mother/Mayakkal w/o.Paulsamy aged about 60years died today at her native place Uthamapalayam, Theni District. The petitioner is remanded in connection with the case registered by the respondent police in Cr.No.56 of 2022. Earlier, the petitioner had applied for bail along with other accused, this Court taking into consideration that the contraband involved in this case is commercial quantity had rejected the bail petition with a direction to the trial Court to complete the trial within a period of four weeks. He would submit that though there is a bar under Sec. 37 of the NDPS Act for grant of bail, it does not preclude the High Court from granting bail to the petitioner invoking Sec. 439 Cr.PC on humanitarian ground to attend the funeral of his mother. He would submit that the petitioner only seeks interim bail for a period of five days.

(3.) The learned Government Advocate (Crl.Side) would submit that earlier bail application filed by the petitioner in Crl.OP.No.730 of 2023 was dismissed by this Court on 23/3/2023 stating that the contraband involved in this case is commercial quantity and this Court has also directed the trial Court to complete the trial as expeditiously as possible preferably within a period of four months. However, on instructions from the respondent, he would submit that the petitioner's mother/Mayakkal w/o.Paulsamy had passed away today (i.e on 28/3/2023) @ 12.00pm at Uthamapalayam, Theni District and the last rites / funeral has been fixed for tomorrow (i.e, on 29/3/2023) at 11.00am. He would submit that in the event of this Court granting interim bail to the petitioner he may be permitted to go to his native place with necessary escorts and he may be directed to bear the cost of the escorts and he may also be directed to appear before the Uthamapalaym Town Police Station during his stay at Uthamapalayam.