R.Manoharan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12298 of 2020 1.R.Manoharan 2.M.Arunpandian ... Petitioners/Accused 1 & 2 Vs.

The State of Tamil Nadu represented by, the Inspector of Police, PEW, Virudhachalam, Cuddalore District.

Crime No. 247 of 2020.

... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on bail in the event of their arrest by the respondent in connection with Crime No. 247 of 2020 on the file of the respondent.

For Petitioners : Mr.M.Tamil Thendral Arasu For Respondent : Mr.K.Prabakar Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(aa), 4(1-A) & 14(A) of the Tamil Nadu Prohibition Act, in Crime No. 247 of 2020, on the file of the respondent police, seek anticipatory bail.

The case of the prosecution is that the petitioners were illegally transporting 60 litres of ID arrack in two polythene bags by using motor bike Hero Splendor. Hence, the complaint. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and a false complaint has been foisted against them. Hence, he prays to grant anticipatory bail to the petitioners.

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The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners were coming in a bike and when they were intercepted by the respondent police, the petitioners have stopped that bike and the police authority have recovered 60 litres of ID arrack from the petitioners. He would further submit that very recently the petitioners were involved in Crime No.199 of 2020, for having found in illegal possession of 30 litres of ID Arrack and 250 litres of fermented wash and that the petitioners are habitual offenders. Hence, he vehemently opposed to grant anticipatory bail to the petitioners. Taking into consideration the facts and submissions made by the learned counsel, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

-sd/- 14/08/2020 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, PEW, VIRUDHACHALAM, CUDDALORE DISTRICT.

CC to M/S. M.TAMIL THENDRAL ARASU Advocate on payment of necessary charges CRL OP.12298/2020 Date :14/08/2020 MK:28/08/2020 https://hcservices.ecourts.gov.in/hcservices/