Madras High CourtCRL OP/2914/2022dismissed

Balendra Singh v. State Rep.By

2022-02-11Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eleventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.2914 of 2022 BALENDRA SINGH [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PEW, UTHANGARAI POLICE STATION, KRISHNAGIRI DISTRICT.

(CR.NO.478/2021) For Petitioner : M/S.R.SASIKUMAR Advocate For Respondent : M/S. L.BASKARAN, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 10.12.2021 for the offences under Sections 4(1) (aaa), read with 4 (1-A) of T.N.P. Act, and Sections 6 & 7 of Tamil Nadu Rectified Spirit Rules 2000 Act, 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 engaged in vehicle check up, the accused were found transporting 21000 liters of spirit in a lorry. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and that the petitioner has been suffering incarceration from 24.11.2021 and would pray for grant of bail.

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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 and 826 of 2022 dated 14.12.2021 and 12.01.2022.

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/- 11/02/2022 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 INSPECTOR OF POLICE, PEW, UTHANGARAI POLICE STATION, KRISHNAGIRI DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, KRISHNAGIRI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges CRL OP.2914/2022 Date :11/02/2022 CSK 17/02/2022 https://hcservices.ecourts.gov.in/hcservices/