S.Prabhu v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.08.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11331 of 2020 S.Prabhu ... Petitioner Vs.
The State Rep. By its The Inspector of Police, Krishnagiri Civil Supply CID, Krishnagiri.
(Crime No.122 of 2019) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.122 of 2019 on the file of the respondent police. For Petitioner : M/s.Subadra Devi For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TNSC (RDGS) order 1982 r/w 7(i) a(ii) of Essential Commodity Act, in Crime No.122 of 2020, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused, indulged in smuggling of 50 gunny bags of PDS rice. Hence, the complaint.
3. The learned counsel for the petitioner submitted that this is the 2nd application for anticipatory bail and that the petitioner has not committed any offence as alleged by the prosecution and a false case has been foisted against him. He further submitted that co-accused has granted anticipatory bail in Crl.O.P.No.8015 of 2020. Hence, he sought for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the petitioner is a habitual offender and that there are 11 previous cases pending against the petitioner similar in nature. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.
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5. Taking into consideration, the nature of offence and the previous antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed and the petitioner is directed to surrender before the Trial Court. -sd/- 05/08/2020 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.
2 THE INSPECTOR OF POLICE, KRISHNAGIRI CIVIL SUPPLY CID, KRISHNAGIRI.
CC to M/S. R.SUBADRA DEVI Advocate on payment of necessary charges CRL OP.11331/2020 Date :05/08/2020 RVR 18/09/2020 https://hcservices.ecourts.gov.in/hcservices/