Dhanapal v. Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 17.05.2023, for the offences punishable under Sections 4(1A), 4(1)(a) of Tamil Nadu Prohibition Act, in Crime No.171 of 2023, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that when the respondent and his team were on their regular patrol duty, they found that the accused was in illegal possession of 10 litres of illicit arrack. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, aged about 70 years and he has been falsely implicated in this case, since he has got some previous cases. He further submitted that the petitioner is in custody from 17.05.2023 and he is ready to abide by any stringent conditions that may be imposed by this Court. Therefore, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petitioner/accused was found to be in illegal possession of 10 litres of illicit arrack. He further submitted that 20 previous cases are pending against the petitioner, out of which, 16 cases are similar in nature, 3 cases are registered for the offence under NDPS Act and one case is registered under COTPA Act. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Heard the learned Counsel for the Petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and also considering the bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner for the present.

7. Accordingly, this Criminal Original Petition stands dismissed.

14.06.2023 ham

A.D.JAGADISH CHANDIRA , J.

ham 14.06.2023