Madras High CourtCRL OP/2609/2022dismissed

Manikandan v. State Rep

2022-02-17Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventeenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2609 of 2022 MANIKANDAN [ PETITIONER / ACCUSED ] Vs STATE REP [ RESPONDENT ] THE INSPECTOR OF POLICE, SANKARAPURAM POLICE STATION, KALLAKURICHI DISTRICT.

CRIME NO.215 OF 2021 For Petitioner : M/S P.VAJRAVELU Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under Sections 4(1) (aa), 4(1-A) of Tamilnadu Prohibition Act, 1937 in crime No.215 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 27.03.2021 at about 8.30 a.m., when the respondent police was conducting routine check up, the petitioner on seeing the respondent police, dropped a tube of 60 litres of I.D.Arrack and escaped from that place. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioner.

4. Mr.S.Santhosh, learned Government Advocate(crl.side) appearing for the respondent police would submit that the petitioner is having the following 17 previous cases.

S.No.

Crime No.

Sections 591/21 4(1) (aaa), 4(1-A) TNP Act 109/20 147, 148, 294(b), 323, 324, 506(ii) IPC 45/20 294(b), 323, 324, 506(ii) IPC 377/19 4(1) (aaa), 4(1-A) TNP Act 146/19 4(1-A) TNP Act 26/19 4(1) (aaa), 4(1-A) TNP Act 795/19 4(1) (aaa), 4(1-A) TNP Act 609/18 4(1) (aaa), 4(1-A) TNP Act 317/18 4(1) (aaa), 4(1-A) TNP Act 79/18 4(1) (aaa), 4(1-A) TNP Act 460/17 4(1) (aaa), 4(1-A) TNP Act 324/17 4(1) (aaa), 4(1-A) TNP Act 458/16 12 of TNG Act 428/16 4(1) (aaa), 4(1-A) TNP Act 177/16 110(g) u/s 294(b), 323, 324, 506(ii) IPC 107/12 294(b), 323, 324, 506(ii) IPC 26/12 4(1) (aaa), 4(1-A) TNP Act r/w 328 IPC And hence in such situation, if this type of petitioner is released on bail, they may try to tamper the witness and hamper the investigation.

5. The submissions made by the learned counsel on either side are considered.

6. Though the petitioner has been arrested for the offences punishable under Sections 4(1)(aa), 4 (1-A) of T.N.P. Act, 1937, being the reason that he is a habitual offender and committed similar type of offences, this Court is not inclined to allow this petition.

7. Hence, this criminal original petition is dismissed. -sd/- 17/02/2022 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, SANKARAPURAM POLICE STATION, KALLAKURICHI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S P.VAJRAVELU Advocate on payment of necessary charges CRL OP.2609/2022 Date :17/02/2022 JPA 22/02/2022