Anbu v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No. 11802 of 2020 Anbu ... Petitioner Vs.

The State by, The Inspector of Police, Vellore PEW Police Station, Vellore District, Crime No.224 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.224 of 2020 on the file of the respondent police.

For Petitioner : M/s.S.P.Arthi D.Thirumoorthy For Respondent : Mr.M.Mohammad Riyaz Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The Petitioner who apprehends arrest at the hands of the Respondent Police, for having allegedly committed the offences punishable under Sections 4(1)(aa), 4(1-A) of the Tamil Nadu Prohibition Act, in Crime No.224 of 2020, has filed this Criminal Original Petition under Section 438 of Cr.P.C., seeking anticipatory bail.

2. The case of the Prosecution as per the defacto complainant is that on the usual raid of the respondent police, the petitioner was found in possession of 57 litres of ID arrack. 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. https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel appearing for the petitioner would submit that the petitioner is innocent person and he has been falsely implicated in this case.

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 52 litres of ID arrack, without any valid licence. He further submitted that the petitioner has very recently involved in a case in Crime No.197 of 2020 of similar nature and opposed for grant of anticipatory bail to the petitioner.

6. Taking note of the facts and circumstances and the submissions of the learned counsel and the fact that the petitioner has involved in a case in Crime No.197 of 2020 of similar nature, that too very recently, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this criminal original petition stands dismissed.

-sd/- 27/08/2020 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 JUDICIAL MAGISTRATE, KATPADI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, VELLORE PEW POLICE STATION, VELLORE DISTRICT.

CC to M/S. S.P.ARTHI Advocate on payment of necessary charges CRL OP.11802/2020 Date :27/08/2020 MK:14/09/2020 https://hcservices.ecourts.gov.in/hcservices/