Kaspar Raja v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3612 of 2022 KASPAR RAJA [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] PEW MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI DISTRICT.

(CRIME NO.146 OF 2022) For Petitioner : M/S J.MILTON ARUL RAJENDRAN Advocate For Respondent : M/s.G.V.Kasthuri(Additional Public Prosecutor) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 29.01.2022 for the offence punishable under Section 4(1)(aaa), 4(1)(i), 4(1-A) of Tamil Nadu Prohibition Act in Crime No.146 of 2022, on the file of the respondent police, seeks bail. 2.

The case of the prosecution is that on 29.01.2022, the petitioner was found in possession of 120 litres of Pondicherry arrack. Hence, the complaint.

3.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 29.01.2022 onwards. Hence, he prays for bail.

4.

The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner is a habitual offender and he is having the following 19 previous cases; Sl.N o.

Crime Number Section 1.

1069/2020 4(1)(aaa) TNP Act

Sl.N o.

Crime Number Section 2.

1004/2020 4(1)(aa) TNP Act 3.

819/2020 4(1)(aa) TNP Act 4.

777/2020 4(1)(aaa) TNP Act 5.

1207/2021 4(1)(aaa) TNP Act r/w 4(1-A) TNP Act 6.

1202/2021 4(1)(aa) TNP Act 7.

1313/2021 4(1)(aa) TNP Act 8.

1272/2021 4(1)(aa) TNP Act 9.

1244/2021 4(1)(aa) TNP Act 10.

1186/2020 4(1)(aa) TNP Act 11.

39/2022 4(1)(a) TNP Act 12.

652/2021 4(1)(aa) TNP Act 13.

578/2021 4(1)(aa) TNP Act 14.

557/2021 4(1)(aa) TNP Act 15.

549/2021 4(1)(a) TNP Act 16.

473/2021 4(1)(aa) TNP Act 17.

9/2021 4(1-A), 4(1)(aaa) TNP Act @ 4(1) (aaa) TNP Act 18.

889/2020 4(1)(k) TNP Act 19.

839/2020 4(1-A), 4(1)(aaa)TNP Act @ 4(1) (aaa) TNP Act 5.

On considering the submissions made by the learned Additional Public Prosecutor appearing for the respondent police, it would appear that the petitioner is a habitual offender and in the said circumstances, if he is released on bail, he may try to tamper the witness and hamper the investigation. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 15/02/2022 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 OFFICER INCHARGE, SUB JAIL, MAYILADUTHURAI 2 THE INSPECTOR OF POLICE PEW MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S J.MILTON ARUL RAJENDRAN Advocate on payment of necessary charges SR.NO.2346 CRL OP.3612/2022 Date :15/02/2022 RVR 16/02/2022