Balaji v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice A.A. NAKKIRAN CRIMINAL ORIGINAL PETITION No.11030 of 2022 BALAJI [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE ARAKANDANALLUR POLICE STATION, KALLAKURCHI DISTRICT.

CRIME NO.208 OF 2022.

For Petitioner : M/S.K.T.S.SIVAKUMAR Advocate For Respondent : MR.L.BASKARAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (1)The petitioner/Sole Accused, who was arrested on 13.04.2022 for the alleged offences punishable under Sections 4(1)(A), 4(1) (a) of Tamil Nadu Prohibition Act in Crime No.208 of 2022 on the file of the respondent police, seeks bail.

(2)The case of the prosecution is that the petitioner was found in possession of 10 litres of illicit arrack, resulting in the registration of the case.

(3)The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the crime. Learned counsel would submit that the petitioner is undergoing incarceration for nearly 28 days and hence, prays for enlargement of the petitioner on bail.

https://hcservices.ecourts.gov.in/hcservices/

(4)The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the petitioner is involved in eight previous cases and hence, strongly opposed for grant of bail to the petitioner.

(5)However, the learned counsel for the petitioner submitted that in the impugned order itself, namely, the dismissal order dated 06.05.2022, in CMP.No.3291/2022, it is stated that the petitioner is involved in 5 previous cases and hence, the submission of the learned Government Advocate [Crl.Side] that the petitioner is involved in 8 previous cases is not correct.

(6)Considering the facts and circumstances of the case and considering the involvement of the petitioner in the previous cases, this Court is not inclined to grant the relief of bail to the petitioner.

(7)Hence, this Criminal Original Petition stands dismissed. -sd/- 11/05/2022 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 INSPECTOR OF POLICE ARAKANDANALLUR POLICE STATION, KALLAKURCHI DISTRICT.

2 THE OFFICER INCHARGE SUB JAIL, TIRUKOILUR.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.T.S.SIVAKUMAR Advocate on payment of necessary charges CRL OP.11030/2022 Date :11/05/2022 JPA 16/05/2022 https://hcservices.ecourts.gov.in/hcservices/