Madras High CourtCRL OP/1427/2021dismissed

Sekar v. The State Represented By

2021-02-03Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.1427 of 2021 Sekar .. Petitioner Vs.

State represented by Inspector of Police, Thalaivasal Police Station, Salem District.

(Crime No.131 of 2020) .. Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.131 of 2020 pending investigation on the file of the Respondent.

For Petitioner :

Mr.T.Ganesan For Respondent :

Mr.S.Karthikeyan Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner apprehending arrest at the hands of the respondent police for the alleged offence under Sections 4(1)(aa) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.131 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent police were in patrol duty near Ambedkar Statute, the petitioner was standing along with a bag and on seeing the police he escaped from the place of occurrence and in the bag they found 56 liters of I.D.Arrack. Hence, the respondent police registered a case against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the https://hcservices.ecourts.gov.in/hcservices/

respondent would submit that the petitioner was in possession of 56 liters of I.D. Arrack. He further submitted that the petitioner is a habitual offender and there are many previous cases pending against the petitioner. Hence, he prays for dismissal of this petition.

5. Considering the fact that the petitioner was involved in serious offences and the petitioner is a habitual offender, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 03/02/2021 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 JUDICIAL MAGISTRATE NO.II ATTUR.

2 THE INSPECTOR OF POLICE, THALAIVASAL POLICE STATION, SALEM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. T.GANESAN Advocate on payment of necessary charges CRL OP.1427/2021 Date :03/02/2021 ksm10/02/2021 https://hcservices.ecourts.gov.in/hcservices/