Madras High CourtCRL OP/13633/2020dismissed

Mariya v. State By,

2020-09-03Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13633 of 2020 Mariya W/o. Manavalam ... Petitioner Vs.

The State Rep. by The Inspector of Police, Gudiyatham Taluk Police Station, Vellore District, Crime No.858 of 2020.

... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in connection with case in Crime No.858 of 2020 pending investigation on the file of the Respondent.

For Petitioner : Mr. G.Vinodhkumar 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 14.08.2020 for the offences punishable under Sections 4(1) (a), 4(1-A) of TNP Act, in Crime No.858 of 2020, seeks bail.

2. The case of the prosecution is that the petitioner is found in possession of 10 litres of ID arrack without any valid license or permission and arrested for the same. Hence the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case for statistical purpose.

4.The learned Government Advocate (Crl. Side) would submit that the petitioner is a habitual offender and there are nine previous cases against the petitioner, out of which, two were registered by the Gudiyatham Taluk Police Station and the other seven were registered by the Gudiyatham PEW.

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5. At this juncture, the learned counsel for the petitioner would submit that in all the cases, the petitioner had pleaded guilty and the cases are closed.

6. The learned Government Advocate (Crl. Side) in reply would submit that it was the attitude of the petitioner and she is a habitual offender.

7. Taking into consideration of the facts and circumstances, considering the submissions made by the learned counsel and the fact that the petitioner is a habitual offender and she has been arrested only on 14.08.2020, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/09/2020 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 INSPECTOR OF POLICE, GUDIYATHAM TALUK POLICE STATION, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON,VELLORE, SPECIAL PRISON FOR WOMEN, CC to M/S.G.VINODHKUMAR Advocate on payment of necessary charges CRL OP.13633/2020 Date :03/09/2020 RD 16/09/2020 https://hcservices.ecourts.gov.in/hcservices/