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Madras High CourtCRL OP/14090/2020dismissed

Ramamoorthy v. The State Rep By,

2020-09-15Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14090 of 2020 Ramamoorthy ... Petitioner vs.

State rep. By

...Respondent

The Inspector of Police, P.E.Wing Police Station, Cuddalore District.

Crime No.291/2020.

Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to grant Anticipatory bail to the petitioner in the event of his arrest in Crime No.291 of 2020 on the file of the respondent police.

For Petitioner : Mr.S.Sugendran For Respondent : Mr. M. Mohamed Riyaz, Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences publishable under Sections 4 (I) (aaa), 4 (1-A) of TNP Act r/w. Sections 5, 6, 13 of TNRS Rules in Crime No.291 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were found in possession of 525 littres of rectified Spirit (16 canes each containing 35 litres). Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor would submit that this is second Anticipatory Bail petition. Earlier Anticipatory Bail Petition in Crl.O.P.No.11462 of 2020 on representation made by the respondent, the learned counsel for the petitioner had withdrawn the petition. He would further submit that there are five previous cases as against the petitioner. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel and also the fact that huge quantity of 525 littres of rectified spirit and petitioner has five previous cases, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/09/2020 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 - III, CUDDALORE.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, P.E.WING POLICE STATION, CUDDALORE DISTRICT.

CC to M/S.S.SUGENDRAN Advocate on payment of necessary charges CRL OP.14090/2020 Date :15/09/2020 TA-30/09/2020 https://hcservices.ecourts.gov.in/hcservices/