Devaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.05.2020

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Crl. O.P. No.7954 of 2020 Devaraj S/o.Thulukanam Koovathur pettai village Cheyyur Taluk Chengalpattu District.

.. Petitioner / Sole Accused Vs.

State rep. by the Inspector of Police, PEW Mamallapuram Police Station Kancheepuram District.

.. Respondent / Complainant [Crime No.202 of 2020] Prayer: Criminal Original Petition filed for anticipatory bail under Section 438 of Criminal Procedure Code.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.M.Jothikumar Additional Public Prosecutor

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for alleged offence punishable under Sections 4(1)(a), 4(1-A) of TNP 1/5

Act read with 6 and 11 of RS Rules 2000 (Transporting) in Crime No.202 of 2020, seeks anticipatory bail.

2.The case of the prosecution is that defacto complainant on 02.04.2020 at Vayalur check post at 9.30 a.m., while checking the vehicle, intercepted a share auto bearing Registration No.TN 19 AY 2884 (APE AUDO). On seeing the Police party, the petitioner left the share auto and ran away from the place. On search of share auto, it was found that the petitioner was transporting 600 packets each containing 100 millilitres of poisonous I.D. arrack, totally, 60 litres of methanol with poisonous substance. They seized the vehicle and the materials. On complaint, case has been registered for the offence under Sections 4(1)(a), 4(1-A) of TNP Act read with 6 and 11 of RS Rules 2000 (Transporting).

3.The learned counsel appearing for the petitioner submitted that petitioner has not committed any offence as alleged by the prosecution. The petitioner has been falsely implicated in this case for specific purpose. The petitioner is a law abiding citizen and there is no necessity for the petitioner to commit the offence as alleged by the prosecution and prayed for granting 2/5

anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that petitioner was transporting 60 litres of I.D. arrack with poisonous substance during this pandemic situation. The contraband was seized and sent for chemical analysis. Chemical report is awaited, investigation is pending and hence, he 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 serious nature of offence alleged against the petitioner, possession of 600 packets of I.D. arrack with poisonous substance, awaiting chemical report and investigation is pending, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 3/5

29.05.2020 Index : Yes / No kj V.M.VELUMANI, J., kj To 1.The Inspector of Police, PEW Mamallapuram Police Station Kancheepuram District.

2.The Public Prosecutor, High Court, Madras.

Crl. O.P. No.7954 of 2020 4/5

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