Mohan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13300 of 2020 MOHAN ... Petitioner Vs.

State Rep. by Sub Inspector of Police Veppankuppam Police Station Vellore District (Crime No.635 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.635 of 2020 pending investigation on the file of the Respondent. For Petitioner : Mr.R.Thulasi For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 21.07.2020 for the offences punishable under Section 4(1)(i)), 4(1)(aaa), 4(1-A)(ii) of Tamil Nadu Prohibition Act r/w.328 of IPC, in Crime No.635 of 2020, seeks bail.

2.The case of the prosecution is that the petitioner was illegally found in possession of 120 litres of I.D. Arrack. The same was seized by the respondent police.

3.The learned counsel appearing for the petitioner would submit that the petitioner was arrested on 21.07.2020 and he is in custody for a long time.

4.It was stated in the Lower Court order that there are four previous cases against the petitioner. This Court entertained a doubt and asked the learned Government Advocate (Crl. Side) to verify as to how many previous cases are pending against this petitioner. On verification, he learned Government Advocate (Crl. Side) submitted that the petitioner has got 16 previous cases. https://hcservices.ecourts.gov.in/hcservices/

5.Taking into consideration of the fact that the petitioner has involved in 16 previous cases and he was arrested for having illegally found in possession of 120 litres of ID Arrack and arrested only on 21.07.2020, this Court is not inclined to grant bail to the petitioner. While dismissing this petition, a direction is issued to the Superintendent of Police, Vellore District to take necessary action against the person who is responsible for giving wrong instructions before this Court.

6. With the above directions, this Criminal Original Petition stands dismissed.

-sd/- 04/09/2020 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.III, VELLORE.

2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB INSPECTOR OF POLICE, VEPPANKUPPAM POLICE STATION, VELLORE DISTRICT.

COPY TO:

THE SUPERINTENDENT OF POLICE VELLORE DISTRICT, VELLORE.

CC to M/S.R.THULASI Advocate on payment of necessary charges CRL OP.13300/2020 Date :04/09/2020 cs 14/09/2020 https://hcservices.ecourts.gov.in/hcservices/