Madras High CourtCRL OP/3309/2022dismissed

Venkatesan v. State Rep.By

2022-02-11Honourable Mr Justice R. Pongiappan2 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 Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3309 of 2022 VENKATESAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ARAKANDANALLUR POLICE STATION, VILLUPURAM DISTRICT.

CR.NO.56 OF 2022.

For Petitioner : M/S.D.HARIKRISHNAN 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)(a) 4(1-A) of TNP Act in Crime No.56 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, during the relevant point of time, the petitioner along with other accused found in illegal possession of 10 litres of ID Arrack. Hence the complaint was registered by the Law Enforcing Agency.

3. The learned counsel appearing for the petitioner would submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would further submits he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submits that the petitioner along with other accused were found in illegal possession of 10 litres of ID Arrack. However, he opposed to grant anticipatory bail to the petitioner.

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5. Heard both sides.

6. The respondent police registered a case against the petitioner for the offence punishable under Section 4(1)(a) 4(1-A) of TNP Act, In respect of bad antecedents of the petitioner, the learned Government Advocate (Crl.Side) appearing for the respondent police reports that the petitioner is having 7 previous cases, the same shall reads as follows:- (i) Cr.No.339 of 2015, under Section 4(1)(a), 4(1-A) (ii) Cr.No.616 of 2012, under Section 4(1)(a), 4(1-A) (iii) Cr.No.172 of 2015, under Section 147, 148, 294(b) 323, 324,506(2) (iv) Cr.No.266 of 2012, under Section 20(b)(ii)(B) NDPS (v) Cr.No.131 of 2009, under Section 4(1)(a), 4(1-A) (vi) Cr.No.130 of 2009, under Section 4(1)(a), 4(1-A) (vii) Cr.No.130 of 2009, under Section 4(1)(a), 4(1-A)

7. Hence, considering the number previous cases pending against the petitioner, it shows that the petitioner is a habitual offender and if he is released on bail, he may tamper the evidence and hamper the investigation.

8. 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, ARAKANDANALLUR POLICE STATION, VILLUPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.HARIKRISHNAN Advocate on payment of necessary charges CRL OP.3309/2022 Date :11/02/2022 TA-17/02/2022 https://hcservices.ecourts.gov.in/hcservices/