Madras High CourtCRL OP/3896/2021dismissed

Binu Varghese v. The State Rep By Its

2021-04-07Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Seventh day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.3896 of 2021 BINU VARGHESE [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, PROHIBITION AND EXCISE WING - (PEW-PERUR), PERUR POLICE STATION, COIMBATORE DISTRICT.

CRIME NO.1123 OF 2019.

For Petitioner : M/S. M.FRANCIS XAVIER Advocate For Respondent : MR.K.PRABAKAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 22.12.2019 for the alleged offences punishable under Section 4(1) (aaa), 4(1A) of TNP Act r/w sec 456 of TN Rectified Spirit Rules 2000 in Crime No.1123 of 2019, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on the date of occurrence the petitioner was in possession of 940 litres of rectified spirit. . Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor submits that the petitioner was in petitioner was in possession of 940 litres of rectified spiri. Hence he vehemently opposed for grant of bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

5.Considering the fact that the petitioner was in possession of 940 litres of rectified spirit, which is of commercial quantity, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 07/04/2021 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, PROHIBITION AND EXCISE WING - (PEW-PERUR), PERUR POLICE STATION, COIMBATORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.FRANCIS XAVIER Advocate on payment of necessary charges CRL OP.3896/2021 Date :07/04/2021 MK:19/05/2021 https://hcservices.ecourts.gov.in/hcservices/