Ilayaraja v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10183 of 2021 Ilayaraja S/o.Elumalai ... Petitioner Vs.

The State represented by, The Inspector of Police, E5, Sholavaram Police Station, Sholavaram Thiruvallur District.

(Crime No.837 of 2021)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.837 of 2021, pending on the file of the respondent police.

For Petitioner : Mr.A.P.Sathyamurthy For Respondent : Mr.E.Raj Thilak Government Advocate (Crl.Side)

ORDER

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 01.06.2021 for the offence punishable under Sections 4(1) (a) r/w 4(1-A) of TNP Act, in Crime No.837 of 2021, seeks bail.

2.

The case of the prosecution is that the petitioner was found in illegal possession of 270 bottles of 180 ml brandy bottles during the lockdown period. Hence, the complaint.

3.

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

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4.

The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner was found in illegal possession of 270 bottles of 180 ml brandy bottles during the lockdown period and he was arrested and remanded to judicial custody only on 01.06.2021. He further submitted that the petitioner is having five previous cases. Hence, he vehemently opposed for grant of bail to the petitioner.

5.It is seen that the petitioner is having five previous cases and is a habitual offender. That apart, he was arrested only on 01.06.2021. Therefore, this Court is not inclined to grant bail to the petitioner.

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.

dua/lok To 1.The Principal District and Sessions Judge, Thiruvallur 2.The Judicial Magistrate-II, Ponneri.

3.The Inspector of Police, E5, Sholavaram Police Station, Sholavaram Thiruvallur District.

4.The Superintendent, Central Prison, Puzhal.

5.The Public Prosecutor, High Court, Madras.

CRL OP.10183/2021 Date :10/06/2021 SP(28/06/2021) https://hcservices.ecourts.gov.in/hcservices/