Mohanraj v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9852 of 2021 1.Mohanraj, S/o.Mani 2.Balamurugan, S/o.Palanivel 3.Gunaseelan, S/o.Kumar ... Petitioners Vs.

The State represented by, The Sub-Inspector of Police, PEW Police Station, Cheyyar Tiruvannamalai District.

(Crime No.441 of 2021) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 439 Cr.P.C. praying to enlarge the petitioners on bail in Crime No.441 of 2021, pending on the file of the respondent police. For Petitioners: Mr.B.Jawahar For Respondent : Mr.E.Raj Thilak Government Advocate (Crl.Side)

ORDER

(The case has been heard through video conference) The petitioners, who were arrested and remanded to judicial custody on 18.05.2021 for the offence punishable under Sections 4(1) (aaa) r/w 4(1-A) ii of TNP Act and 6 & 7 of RS Rules 2000, in Crime No.441 of 2021, seek bail. 2.

The case of the prosecution is that the petitioners were found in illegal possession of 1960 litres of rectified spirit. Hence, the complaint.

3.

The learned counsel appearing for the petitioner would submit that the petitioners are not involved in the above alleged offence and they are no way connected with the offence as alleged by the prosecution and they did not commit any offence. Hence, he seeks for grant of bail to the petitioners. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioners were found in illegal possession of rectified spirit and they were arrested and remanded to judicial custody only on 18.05.2021. He further submitted that the first petitioner is having three previous cases, second and petitioners are having one previous case. Hence, he vehemently opposed for grant of bail to the petitioners.

5.It is seen that the petitioners are having previous cases and are habitual offenders. That apart, they were arrested only on 18.05.2021. Therefore, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 10/06/2021 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUVANNAMALAI 2 THE JUDICIAL MAGISTRATE, VANDAVASI.

3 THE SUB INSPECTOR OF POLICE, PEW POLICE STATION, CHEYYAR, TIRUVANNAMALAI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

5 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.B.JAWAHAR Advocate on payment of necessary charges CRL OP.9852/2021 Date :10/06/2021 SRG 28/06/2021