Madras High CourtCRL OP/20591/2020dismissed

Muthu v. State By,

2021-01-06Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2021

CORAM

THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.20591 of 2020 Muthu, ... Petitioner -Vs.- State By The Inspector of Police Nallan Pillai Petral Police Station Villupuram District.

(Crime No.1384 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.1384 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Silambuselvan For Respondent : Mr.C.Iyyapparaj 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 alleged offences under Sections 4(1)(a), r/w 4(1-A) of TNP Act, in Crime No.1384 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent/Inspector of Police was on usual rounds they found that the petitioner was in possession of 20 litres of ID Arrack. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. He would further submit that earlier application for anticipatory bail was dismissed, on the grounds that she has got four previous cases. He would further submit the second petitioner in the earlier application is concerned, he has got four previous cases and https://hcservices.ecourts.gov.in/hcservices/

as far as this petitioner is concerned, she has no previous case against her.

4. The learned Additional Public Prosecutor would vehemently opposed stating that the petitioner as a habitual offender and she is a history sheeter in the respondent police station and prior to 2008, she had 8 previous case out of which same have ended in acquittal and as on date, she has got 3 previous cases pending against her.

5. Considering the facts and circumstances of the case and also the fact that the petitioner had got three previous cases pending and she is a history sheeter, this Court is not inclined to grant of anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 06/01/2021 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 THE INSPECTOR OF POLICE,NALLAN PILLAI PETRAL POLICE STATION,VILLUPURAM DIST.

2 THE JUDICIAL MAGISTRATE, GINGEE 3 THE CHIEF JUDICIAL MAGISTRATE, VILLUPURAM DISTRICT[FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SILAMBUSELVAN Advocate on payment of necessary charges CRL OP.20591/2020 Date :06/01/2021 ksm27/01/2021 https://hcservices.ecourts.gov.in/hcservices/