Madras High CourtCRL OP/12031/2020dismissed

Vairavan v. State Rep. By

2020-08-12Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.12031 of 2020 Vairavan ... Petitioner Vs.

State rep by ... Respondent The Inspector of Police, PEW Thiruvarur Police Station, Thiruvarur District, Crime No.756 of 2020 Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of arrest in Crime No.756 of 2020 on the file of the respondent police. For Petitioner : Mr.Swami Subramanian For Respondent : Mr.K.Prabakar Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner who apprehend arrest at the hands of the respondent police for the offences publishable under Section 4(1) (aaa) r/w 4(1-A) of TNP Act, in Crime No.756 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the respondent police found 150 litres of illicit arrack in the land belonging to the petitioner. The first accused in this case and the petitioner herein prepared illicit liquor in the land of the petitioner and the respondent police seized the entire contraband. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that A1 had prepared 150 litres of illicit arrack in the land of the petitioner and thereafter came to the petitioner and convinced the petitioner and stored the illicit arrack in the land of the petitioner. He would further submit that the petitioner has two previous cases in Crime No.752 of 2020 u/s 4(1) of TNP Act in PEW Thiruvarur and in Crime No.1049 of 2020 u/s 4(a) r/w 4(1-A) of TNP Act in Vaduvoor Police Station. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel and the fact that the petitioner has two previous cases of similar nature, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 12/08/2020 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 JUDICIAL MAGISTRATE NO.1, MANNARGUDI, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, PEW THIRUVARUR POLICE STATION, THIRUVARUR DISTRICT.

CC to M/S. SWAMI SUBRAMANIAN Advocate on payment of necessary charges CRL OP.12031/2020 Date :12/08/2020 TA-15/09/2020 https://hcservices.ecourts.gov.in/hcservices/