Sasikumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Second day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.4266 of 2022 SASIKUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KEEVALUR POLICE STATION, MAGAPATTINAM DISTRICT.

(CRIME NO.33/2022) For Petitioner : M/S.K.M.SUBRAHMANIAM Advocate For Respondent : MS.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 30.01.2022 for the offences punishable under Sections 4 (1)(aaa) r/w 4(1-A) of Tamil Nadu Prohibition Act in Crime No.33 of 2022, on the file of the respondent police, seeks bail. 2.

The case of the prosecution is that, on secret information the respondent police went to the occurrence place and found that the petitioner was illegally selling illicit arrack, without any proper valid documents. 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. He would further submit that the petitioner is ready to abide any condition imposed by this Court. It is his specific submission that the petitioner is in judicial custody from 30.01.2022 onwards. Hence, he prays for bail. 4.

The learned Additional Public Prosecutor appearing for the respondent police raised objection stating that investigation is pending. She would further submit that the petitioner is having 17 https://hcservices.ecourts.gov.in/hcservices/

previous cases, wherein all the cases are registered under the provisions of Tamil Nadu Prohibition Act.

5.

Now, on considering the submissions made by the learned counsel appearing on either side, it shows that the number of cases pending against the petitioner would disclose the fact that the petitioner is an habitual offender and if this type of petitioner is released on bail, he may try to tamper the witness and hamper the investigation. Hence, this Criminal Original Petition is dismissed. -sd/- 22/02/2022 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, KEEVALUR POLICE STATION, MAGAPATTINAM DISTRICT.

2 THE SUPERINTENDENT, DISTRICT JAIL, NAGAPATTINAM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.M.SUBRAHMANIAM Advocate on payment of necessary charges CRL OP.4266/2022 Date :22/02/2022 CSK 01/03/2022 https://hcservices.ecourts.gov.in/hcservices/