Madras High CourtCRL OP/16859/2020dismissed

Viswanathan v. The State Rep By,

2020-10-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.10.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.16859 of 2020 VISWANATHAN ... Petitioner/Sole Accused Vs The State Rep. By The Inspector of Police, Thiruthuraipoondi Police Station, Thiruvarur District.

(Crime No.2656 of 2020) ... Respondent /Complainant PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.2656 of 2020 on the file of the Inspector of Police, Thiruthuraipoondi Police Station, Thiruvarur District. For Petitioner : Mr.Swami Subramanian For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

ORDER

(The cases have been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 02.10.2020 for the offence punishable under Sections 4(1)(a) and 4(1-A) of TNP Act in Crime No.2656 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 02.10.2020, the petitioner was found in illegal possession of 175 nos. of TASMAC brandy. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration from 02.10.2020. Hence, he prays for grant of bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would vehemently oppose stating that the petitioner was found in illegal possession of 175 bottles of TASMAC liquor. He would further submit that there are five previous cases against the petitioner out of which, three cases have been registered under Prohibition Act and two other cases have been registered under IPC offence.

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5.Taking into consideration the nature of offence and the fact that there are five previous cases against the petitioner and that the petitioner has been arrested recently on 02.10.2020, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed for the present. -sd/- 28/10/2020 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 OFFICER INCHARGE, DISTRICT PRISON, NAGAPATTINAM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, THIRUTHURAIPOONDI POLICE STATION, THIRUVARUR DISTRICT.

CC to M/S.SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.16859/2020 Date :28/10/2020 RVR 05/11/2020 https://hcservices.ecourts.gov.in/hcservices/