Madras High CourtCRL OP/12605/2020dismissed

Nagarathnam v. The Inspector Of Police

2020-08-31Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.12605 of 2020 1.Nagarathnam ... Petitioners 2.Moorthi Vs.

State rep.by ... Respondent The Inspector of Police, PEW, Hosur Police Station, Krishnagiri District.

Crime No.53 of 2020 Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on anticipatory bail in the event of their arrest pending investigation in Crime No.53 of 2020 on the file of the respondent police.

For Petitioners : Mr.D.Sam Nandakumar For Respondent : Mr.M.Mohammad Riyaz Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1) (aaa), 4(1-A) TNP Act & 468, 471, 420 of IPC r/w.6 & 7 of TNRS Rules 2000, in Crime No.53 of 2020, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the de facto complainant is that the petitioners have illegally transported 15,400 litres of rectified spirit by using lorry. 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. Hence, prays for grant of anticipatory bail.

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4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners filed four anticipatroy bail petitions and they were earlier dismissed by this Court. He would further submit that the petitioners were found in illegal trasportation of 15,400 litres of rectified spirit and 440 plastic cans each contains 35 litres of rectified spirit. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration the facts and submissions of the learned counsel and the fact that the petitioners earlier four anticipatory bail petitions were dismissed and that the quantity of rectified spirit is huge, this court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 31/08/2020 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 INSPECTOR OF POLICE PEW, HOSUR POLICE STATION, KRISHNAGIRI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. D.SAM NANDAKUMAR Advocate on payment of necessary charges CRL OP.12605/2020 Date :31/08/2020 TA-22/09/2020 https://hcservices.ecourts.gov.in/hcservices/