Madras High CourtCRL OP/11040/2020dismissed

Sathiyamoorthy v. State Rep.By

2020-07-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.11040 of 2020 Sathiyamoorthy ... Petitioner Vs.

State rep by The Inspector of Police, PEW Thiruvarur Police Station, Thiruvarur District, Crime No.704 of 2020.

... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of arrest in Crime No.704 of 2020 on the file of the respondent police. For Petitioner : Mr.Swami Subramanian For Respondent : Mr.T.Shunmuga Rajewaran, Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The petitioner who apprehend arrest at the hands of the respondent police for the offences publishable under Section 4(1) (aaa) of TNP Act, in Crime No.704 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the Prosecution is that the Petitioner was found in possession of 562 brandy bottles of TASMAC illegally. Hence, the complaint was registered.

3. This Court heard the learned counsel for the Petitioner and the learned Additional Public Prosecutor for the Respondent and also perused the materials placed before this Court.

4. According to the Petitioner, the Petitioner is innocent and he has been falsely implicated in this case and prays for grant of Anticipatory Bail to the petitioner.

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5. On the other hand, the learned Additional Public Prosecutor, while opposing to grant anticipatory bail, would submit that the Petitioner was found in possession of 562 brandy bottles of TASMAC illegally, without any valid licence. He further submitted that the petitioner is a habitual offender and there are two previous cases against the petitioner in Cr.Nos.434 of 2020 and 501 of 2020.

5. Taking into consideration the fact that the petitioner is a habitual offender and there are two previous cases pending against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly, the Criminal Original Petition is dismissed.

-sd/- 28/07/2020 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 INSPECTOR OF POLICE, PEW THIRUVARUR POLICE STATION, THIRUVARUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. SWAMI SUBRAMANIAN Advocate on payment of necessary charges CRL OP.11040/2020 Date :28/07/2020 cs 24/08/2020 https://hcservices.ecourts.gov.in/hcservices/