Nagarathinam v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4434 of 2020 1.Nagarathnam 2.Moorthi ... Petitioners/Accused Nos.3 & 4 Vs.

The State represented by, The Inspector of Police, PEW, Hosur Police Station, Krishnagiri District.

(Crime No. 53 of 2020).

... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on anticipatory bail in the event of their arrest pending investigation in Cr.No.53 of 2020 on the file of the respondent police.

For Petitioners : Mr.D.Sam Nandkumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(aaa), 4(1-A) TNP Act & 468, 471, 420 of IPC read with Sections 6 & 7 of TNRS Rules 2000, in Crime No. 53 of 2020, on the file of the respondent police, seek anticipatory bail.

The case of the prosecution is that the petitioners were found in illegal possession of 18,900 litres of Rectified Spirit by using lorry without any valid licence.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence he prays for grant of anticipatory bail.

The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners were found in illegal transportation of 15,400 litres of Rectified Spirit (440 X 35 litres). Hence, he strongly opposed to grant anticipatory bail to the petitioners.

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Taking into consideration the fact that there is huge quantity of rectified spirit, this Court is not inclined to grant anticipatory bail to the petitioners. Hence, this Criminal Original Petition stands dismissed.

-sd/- 16/07/2020 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 JUDICIAL MAGISTRATE, NO.II, HOSUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, PEW HOSUR POLICE STATION, KRISHNAGIRI DISTRICT.

CC to M/S.D.SAM NANDAKUMAR Advocate on payment of necessary charges CRL OP.4434/2020 Date :16/07/2020 RVR 03/09/2020 https://hcservices.ecourts.gov.in/hcservices/