A.Venkatesan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 15807 of 2020 A.Venkatesan S/o.Venkatesan ... Petitioner/2nd Accused Vs.

The State represented by, The Inspector of Police, Chinnasalem Police Station, Kallakurichi District. [Crime No. 1066 of 2020] ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No. 1066 of 2020, on the file of the respondent police. For Petitioner : Mr.G.Balamanikandan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(A), 4(1)(aaa) of Tamilnadu 1/4

Prohibition Act, in Crime No. 1066 of 2020, on the file of the respondent, seeks anticipatory bail.

The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 110 litres of illicit arrack. On seeing the respondent police, the petitioner ran away from the scene of occurrence and thereby, the respondent police registered a case against the petitioner.

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

The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was found in possession of 110 liters of illicit arrack and that there is one previous case pending against the petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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Taking into consideration of the facts and circumstances of the case and that there is one previous case pending against petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

07.10.2020 Internet : Yes/No dua To 1.The Judicial Magistrate No.II, Kallakurichi. 2.The Inspector of Police, Chinnasalem Police Station, Kallakurichi District.

3.The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA , J.

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