Madras High CourtCRL OP/9639/2021dismissed

Viji @Vijayakumar v. State Rep By

2021-05-27Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.05.2021

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.OP.No.9639 of 2021 Mr.Viji @ Vijayakumar ... Petitioner Vs.

State rep. by The Inspector of Police, PEW - Cheyyar Police Station, Thiruvannamalai District.

Crime No.441 of 2021 ... 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 the hands of respondent in Crime No.441 of 2021 pending investigation on the file of the respondent police. For Petitioner : Mr.A.Saranraj For Respondent : Mr.A.Damodaran Government Advocate (Crl.Side)

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 the alleged offences punishable under Sections 4 (1-A) of Tamil Nadu Prohibition Act and Section 6 and 7 of Tamil nadu Rectified Spirit Rules 2000, in Crime No.441 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that while conducting prohibition raid by the respondent police, the petitioner was found in possession of 960 litres of ID Arrack and it was seized by the respondent police.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that there are nine previous cases pending against this petitioner. The learned counsel further submitted that the petitioner is an habitual offender and hence, he vehemently opposed to grant bail to this petitioner.

5. Considering the fact that the petitioner is an habitual offence and also having nine previous cases against him of similar nature, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly, this Criminal original petition stands dismissed.

-sd/- 27/05/2021 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 COURT, CHEYYAR, THIRUVANNAMALAI.

2 THE INSPECTOR OF POLICE, PEW - CHEYYAR POLICE STATION, THIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.SARANRAJ Advocate on payment of necessary charges CRL OP.9639/2021 Date :27/05/2021 MK:05/07/2021 https://hcservices.ecourts.gov.in/hcservices/