Madras High CourtCRL OP/3124/2022dismissed

Ganga @ Gangai v. The State Rep By

2022-02-09Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Ninth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3124 of 2022 GANGA @ GANGAI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PEW VILLUPURAM POLICE STATION, VILLUPURAM DISTRICT.

(CRIME NO.801/2021) For Petitioner : M/S.G.SARAVANABHAVAN 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 apprehend arrest for the alleged offences under sections 4(1)(a) 4(1-A) of Tamil Nadu Prohibition Act in Crime No.801 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that when the respondent police are in regular patrol, they found that the petitioner was found in illegal possession of 20 litres of arrack without valid license. Hence, the Law Enforcing Agency registered a case against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has not committed any such offences as alleged by the prosecution. He further submit that she has been falsely implicated in this case. Hence, he pleads for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police raised objection stating that the petitioner is having five previous cases similar in nature and as of now https://hcservices.ecourts.gov.in/hcservices/

investigation in this case is not completed. Further, the properties which are used in the commission of offence have been recovered and now the same is in the custody of the respondent police. 5.Submissions made by the learned Counsels on either sides are considered.

6. Considering the nature of offence committed by the petitioner, the quantity of contraband involved in this case and also considering the fact that the investigation is still pending, this Court is not inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. -sd/- 09/02/2022 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 VILLUPURAM POLICE STATION, VILLUPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.KARTHIK Advocate on payment of necessary charges CRL OP.3124/2022 Date :09/02/2022 CSK 23/02/2022 https://hcservices.ecourts.gov.in/hcservices/