Madras High CourtCRL OP/9991/2021granted

Elumalai v. The State By

2021-07-05Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fifth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.9991 of 2021

1. ELUMALAI [ PETITIONER / ACCUSED ]

2. BHARATHI Vs THE STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PEW TIRUVANNAMALAI POLICE STATION, TIRUVANNAMALAI DISTRICT.

CRIME NO.538 OF 2021 For Petitioner : M/S.A.SARAVANAN Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(aaa) and 4(1-A)(ii) of TN Prohibition Act and 6 & 7 of TN Rectified Sprit Rules 2000, in Crime No.538 of 2021, on the file of the respondent police, seek anticipatory bail.

2. This is the second anticipatory bail application before this Court. Earlier, this Court had dismissed the anticipatory bail petition against the second petitioner, dated 10.06.2021.

3. The case of the prosecution is that the petitioners were found in illegal possession of 350 litres of I.D. Arrack. Hence the complaint.

4.The learned counsel appearing for the petitioner would submit that the first petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the first petitioner.

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5.The learned Government Advocate (Crl.Side) submits that the petitioners were found in illegal possession of 350 litres of I.D. Arrack. He further submits that the second petitioner had already been arrested in another Crime No.595 of 2021. He further submits that there are seven previous cases pending as against the first petitioner. Hence, he vehemently opposed for grant of anticipatory bail to the first petitioner..

6.Considering the fact that there are seven previous cases pending against the first petitioner, this Court is not inclined to grant anticipatory bail to the first petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 05/07/2021 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, NO.II,TIRUVANNAMALAI 2 THE INSPECTOR OF POLICE, PEW TIRUVANNAMALAI POLICE STATION, TIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.SARAVANAN Advocate on payment of necessary charges CRL OP.9991/2021 Date :05/07/2021 RW 20/07/2021 https://hcservices.ecourts.gov.in/hcservices/