Madras High CourtCRL OP/13757/2020dismissed

Balu@Balamurugan v. The State By

2020-09-04Honourable Mr Justice A.D.Jagadish Chandira2 pages

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.13757 of 2020 Balu @ Balamurugan ... Petitioner Vs.

The State By ... Respondent The Sub Inspector of Police PEW Police Station Vellore (Crime No.458 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.458 of 2020 pending investigation on the file of the Respondent police station.

For Petitioner : Mr.S.Thirugnanam For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 03.08.2020 for the offences punishable under Section 4 (1)(a), 4(1-A)(ii) of Tamil Nadu Prohibition Act, in Crime No.458 of 2020, seeks bail.

2.The case of the prosecution is that the petitioner was illegally found in possession of 15 bottles 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 03.08.2020 and he is in judicial custody for more than a month.

4.The learned Government Advocate (Crl. Side) would submit that the petitioner has 14 previous cases, whereas the Lower Court has stated that the petitioner has got only five previous cases. https://hcservices.ecourts.gov.in/hcservices/

5.In view of the fact that the petitioner is having 14 previous cases, this Court is not inclined to grant bail to the petitioner. The Superintendent of Police, Vellore District is hereby directed to take necessary action against the person who is responsible for giving a 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 CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB INSPECTOR OF POLICE, PEW POLICE STATION, VELLORE.

5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

CC to M/S S.THIRUGNANAM Advocate on payment of necessary charges CRL OP.13757/2020 Date :04/09/2020 TA-21/09/2020 https://hcservices.ecourts.gov.in/hcservices/