M.Moorthi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twentieth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8512 of 2022 M.MOORTHI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, HOSUR, KRISHNAGIRI DISTRICT.

CRIME NO.53/2020.

For Petitioner : M/S.S.SENGKODI Advocate For Respondent : M/S.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/A4, who apprehending arrest for the alleged offence under Section 4(1)(aaa), 4(1-A), TNP Act and 468, 471, 420 of I.P.C read with Section 6 & 7 of TNRS Rules 2000, in Crime No.53 of 2020, on the file of respondent police, seeks anticipatory bail.

2. The petitioner is the owner of the tanker lorry, in which, 18,900 litres of rectified spirit being illegally transported from Chittoor to Tamil Nadu viz., Hosur. The driver of the Tanker Lorry has implicated this petitioner as owner of the vehicle. Till date, though, recovery was made on 18.01.2020, the petitioner herein is still absconding and continuously filing anticipatory bail petitions, in spite of his dismissal by this Court.

3. The Learned Government Advocate (Crl.Side) for the respondent/police states that, the petitioner is frequently changing his phone number and residence and unable to track. The Special Team https://hcservices.ecourts.gov.in/hcservices/

has been constituted to apprehend him. This Court finds that, it is case where 18,900 quantity of rectified spirit clandestinely brought into the State where there is partial prohibition. The flow of rectified spirit within the State leading to manufacturing ferocious liquor and other poisonous intoxication material dangerous to the health has to be curbed and source to be probed. For the said purposes, arrest and custodial interrogation of the petitioner is very much required. Therefore, while dismissing the anticipatory bail petition, the respondent police is directed to secure the petitioner and remand the petitioner into the Judicial custody and probe the matter at the earliest.

4. This Court directs that the petitioner shall not file any further anticipatory bail petition before this Court since taking advantage of his abscondance trying to frequently file petition without any change in circumstances. Hence, this Criminal Original Petition is dismissed.

-sd/- 20/04/2022 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 SUB INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, HOSUR, KRISHNAGIRI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SENGKODI Advocate on payment of necessary charges CRL OP.8512/2022 Date :20/04/2022 RW 04/05/2022 https://hcservices.ecourts.gov.in/hcservices/