Keeri Alias Ramesh v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.05.2020

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Crl. O.P.No.7696 of 2020 Keeri alias Ramesh, aged about 43 years, (S/o) Govinthan, East Street, Vilakkapadi, Virudhachalam Taluk, Cuddalore District - 606 103.

.. Petitioner/2nd Accused Vs.

The State, The Inspector of Police, Kammapuram Police Station, Cuddalore District.

.. Respondent/Complainant (Crime No.167 of 2020) Prayer: Criminal Original Petition filed for anticipatory bail under Section 438 of Criminal Procedure Code.

For Petitioner : Mr.K.Balaji For Respondent : Mr.M.Jothikumar Additional Public Prosecutor

O R D E R

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The petitioner, who apprehends arrest at the hands of the respondent Police for alleged offence punishable under Sections 4(1A)(ii) and 4(1)(a) of Tamil Nadu Prohibition Act in Crime No.167 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 25.04.2020, when the defacto complainant and his Police party were on patrol duty, they found that the petitioner and first accused were distributing illicit arrack. On seeing the Police, the petitioner and others ran away from the place of occurrence. The respondent Police and his Police party seized one litre of illicit arrack and other ingredients for making illicit arrack. On complaint, case has been registered under Sections 4(1-A)(ii) and 4(1)(a) of Tamil Nadu Prohibition Act.

3.The learned counsel appearing for the petitioner submitted that the petitioner was not present at the place of occurrence and he has been falsely implicated in this case with an ulterior motive. He is innocent and 2/4

he has not committed any offence as alleged by the prosecution and prayed for granting anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner and first accused were distributing illicit arrack in the land of the first accused. On seeing the Police party, the petitioner and others ran away. The investigation is pending and prayed for dismissal of the petition. 5.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent Police and perused the materials available on record. 6.Considering the facts and nature of offence, this Court is not inclined to grant anticipatory bail to the petitioner. 7.In the result, the Criminal Original Petition is dismissed. 19.05.2020 krk/kj 3/4

Index : Yes / No Internet : Yes / No V.M.VELUMANI, J., krk To 1.The Inspector of Police, Kammapuram Police Station, Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

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