Madras High CourtCRL OP/826/2022dismissed

Balendra Singh v. State

2022-01-12Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twelfth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.826 of 2022 BALENDRA SINGH [ PETITIONER / ACCUSED ] Vs STATE [ RESPONDENT ] THE INSPECTOR OF POLICE, PEW, UTHANGARAI POLICE STATION, KRISHNAGIRI DISTRICT.

CRIME NO.478/2021.

For Petitioner : M/S. R.SASIKUMAR Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 24.11.2021 for the offences under Sections 4(1)(aaa) read with 4 (1-A) of TNP Act and Sections 6 and 7 of TN Rectified Spirit Rules 2000, in Crime No.478 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 24.11.2021 when the respondent police officials were on regular patrol duty, they found that the petitioner had illegally transported 21,000 litres of rectified spirit. Hence, the complaint.

3. The learned counsel for the petitioner submits that the petitioner is the driver of the vehicle and he is no way connected with the alleged offence and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration for more than 49 days from 24.11.2021. Hence, he, prays to grant bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the accused are running a factory at the border of Gujarat and that the petitioner belongs to Uttarpradesh State and if he is released on bail, there is every possibility of the petitioner getting abscond and thereby, the investigation would be stalled. He further submits that the petitioner's earlier bail petition was dismissed by this Court in Crl.OP.No.24042 of 2021 dated 14.12.2021.

5. Considering the grave nature of allegation levelled against the petitioner and considering the submissions of the learned Government Advocate (Crl. Side) that the petitioner belongs to Uttarpradesh State and there is every possibility of the petitioner getting abscond if he is released on bail, this Court is not inclined to grant bail to the petitioner and there is no change of circumstances after the dismissal of the petitioner's earlier bail petition.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 12/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE OFFICER INCHARGE, SUB JAIL, KRISHNAGIRI.

2 THE INSPECTOR OF POLICE, PEW, UTHANGARAI POLICE STATION, KRISHNAGIRI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges CRL OP.826/2022 Date :12/01/2022 RW 31/01/2022 https://hcservices.ecourts.gov.in/hcservices/