Madras High CourtCRL OP/10631/2020dismissed

Nathiya v. State Rep.By Its

2020-07-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

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. 10631 of 2020

1. Nathiya

2. Dhakshinamoorthy

3. Devraj ... Petitioners -VsState Rep. By the Inspector of Police, Koovathur Police Station, Chengalpattu District.

(Crime Number 144 of 2020) ...Respondent Prayer: Criminal Original Petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioners on bail in the event of their arrest in Crime No.144 of 2020 pending on the file of the Respondent Police.

For Petitioners : Mr.V. Bhagiradhan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioners who apprehend arrest at the hands of the respondent police for the offences publishable under Sections 4(1)(aaa), 4(1-A) TNP Act r/w 6 & 11 of RS Rules 2000 in Crime No.144 of 2020 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 09.03.2020 at morning hours when the respondent police was on usual patrol duty they found that the petitioners were having ID Arrack in 7 Plastic Cans, each can having 35 litres and there are totally 245 litres of ID Arrack and after seen of respondent police the petitioners were escaped from that place. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case.

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4.The learned Additional Public Prosecutor would submit that as far as the first petitioner is concerned there are 10 previous cases, second petitioner is concerned there are 16 previous cases and the third petitioner is concerned there are 8 previous cases pending against the petitioners respectively. Hence, he vehemently opposed for grant of Anticipatory bail to the petitioners. 5.Taking into consideration of the facts and circumstances of the case and there are several previous cases pending against all the petitioners this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition is 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUKAZHUKUNDRAM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, KOOVATHUR POLICE STATION, CHENGALPATTU DISTRICT.

CC to M/S.V.BHAGIRADHAN Advocate on payment of necessary charges CRL OP.10631/2020 Date :16/07/2020 RVR 04/09/2020 https://hcservices.ecourts.gov.in/hcservices/