M.Santhosh Kumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twentieth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11920 of 2022 1 M.SANTHOSH KUMAR [ PETITIONERS / ACCUSED ] 2 T.KARTHIK Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, KALLAKURICHI, KALLAKURICHI DISTRICT.
CRIME NO.80/2022 For Petitioner : M/S M.VIJAYARAGAVAN Advocate For Respondent : M/S. A.DAMODARAN, ADDITIONAL PUBLIC PROSECUTOR 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 offence punishable under Sections 4(1)(aaa), 4(1)(b), 4(1)(g) and 4(1-A) of Tamilnadu Prohibition Act, 1937 in Crime No.80 of 2022, seek anticipatory bail.
2. The case of the prosecution is that on 15.02.2022, the petitioners were found in possession of 250 litres of illicit liquor and 1500 litres of fermented wash. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and no way connected with the alleged offence. Hence he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor submits that the investigation is not yet completed and if the petitioners are granted anticipatory bail, there is a possibility that they will tamper the witnesses and hamper the investigation. He would further submit that https://hcservices.ecourts.gov.in/hcservices/
the petitioners have four previous cases and hence he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration the allegations and also the bad antecedent of the petitioners and the fact that the case is in the initial stage of the investigation and that the custodial interrogation of the petitioners is essential, this Court is not inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/05/2022 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, PROHIBITION ENFORCEMENT WING, KALLAKURICHI, KALLAKURICHI DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S M.VIJAYARAGAVAN Advocate on payment of necessary charges CRL OP.11920/2022 Date :20/05/2022 RVR 26/05/2022 https://hcservices.ecourts.gov.in/hcservices/