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Madras High CourtCRL OP/11097/2020dismissed

Kumar @ Kuthuravandi Kumar v. State Rep.By Its

2020-07-24Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.07.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11097 of 2020 Kumar @ Kuthuravandi Kumar ... Petitioner Vs.

State rep. by its The Inspector of Police P.E.W.Mayiladuthurai Police Station Nagapattinam District Cr. No.542/2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.542 of 2020 pending investigation on the file of the Inspector of Police, P.E.W.Mayiladuthurai Police Station, Nagapattinam District For Petitioner : Mr.S.P.Hari Krishnan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 25.06.2020 for the offence punishable under Sections 4(1)(aaa) r/w. 4(1-A) of Tamil Nadu Prohibition Act and Section 4 & 5 of TNRS Rules, 2000, in Crime No.542 of 2020, seeks bail.

2. The case of the prosecution is that the petitioner along with other two accused was found in possession of 385 litres of I.D. Arrack, thereby, the respondent police registered a case against the petitioner.

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

4.The learned Government Advocate (Crl. Side) would vehemently oppose to enlarge the petitioner on bail by submitting that the petitioner is a habitual offender and has involved in 19 previous cases under the T.N.Prohibition Act / He was detained under Act 14 and after release in February 2020, the petitioner has started to involve in this offence once again.

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5.In the light of the above submissions made by the learned Government Advocate (Crl. Side) and also considering the fact that the petitioner is having 19 previous cases to his credit, this Court is not inclined to grant bail to this petitioner.

6. This Criminal Original Petition stands dismissed accordingly. -sd/- 24/07/2020 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 SUPERINTENDENT, CENTRAL PRISON, TRICHY 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, P.E.W.MAYILADUTHURAI POLICE STATION, NAGAPATTINAM DISTRICT.

CC to M/S.S.P.HARIKRISHNAN Advocate on payment of necessary charges CRL OP.11097/2020 Date :24/07/2020 RVR 08/09/2020 https://hcservices.ecourts.gov.in/hcservices/