Madras High CourtCRL OP/9658/2021dismissed

Sami Durai v. State Rep. By

2021-05-26Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.05.2021

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.9658 of 2021 1.Sami Durai ... Petitioners 2.Mano Vs.

The State rep.by ... Respondent The Sub Inspector of Police, Valathi Police Station, Villupuram.

Crime No.244 of 2021 Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.244 of 2021 on the file of the respondent. For Petitioners : Mr.R.C.Paul Kanagaraj For Respondent : Mr.A.Damodaran, Government Advocate, Criminal Side

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(aaa), 4(1-A), 5 and 7(a) of Tamil Nadu Prohibition Act r/w.7 of Tamil Nadu Rectified Spirit Rules Act 2000 and 328, 120(b), 465, 468 of IPC, in Crime No.244 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that the respondent was on regular vehicle check and when the lorry of the accused was stopped, the driver has produced the bills showing that the lorry was transporting some B grade chemicals. When the same was checked, the respondent have found cans containing arrack. Hence, a case was registered.

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, he prays to grant anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioners were found transporting the cans containing arrack by producing fake bills. The petitioners herein are A4 and A5. A4 is having 3 previous cases and A5 is having 6 previous cases pending against them. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the fact that the petitioners have number of previous cases pending against them, this Court is not inclined to grant anticipatory bail to the petitioners and accordingly, this Criminal original petition stands dismissed.

-sd/- 26/05/2021 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 SUB INSPECTOR OF POLICE, VALATHI POLICE STATION, VILLUPURAM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.C.PAUL KANAGARAJ Advocate on payment of necessary charges CRL OP.9658/2021 Date :26/05/2021 TA-28/06/2021 https://hcservices.ecourts.gov.in/hcservices/