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Madras High CourtCRL OP/13766/2023dismissed

Settu v. The State Rep.By

2023-06-21Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 02.06.2023, for the offences punishable under Sections 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.100 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 30 nos. of liquor bottles (each 180 ml) without label. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person 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 02.06.2023, hence, 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 30 nos. of liquor bottles (each 180 ml) without label. He further submitted that the petitioner is a habitual offender, against whom, 24 previous cases of similar nature are pending and he also submitted that he was arrested very recently on 02.06.2023. Hence, he vehemently opposed for grant of bail to the petitioner.

5. At this juncture, the learned Counsel for the Petitioner submitted that out of 24 previous cases registered against the petitioner, 14 cases were already disposed and only 10 cases are pending. He further submitted that the petitioner 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.

6. 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.

7. Taking into consideration the facts and circumstances of the case, the submissions made by the learned Government Advocate (Crl.Side) that 24 previous cases are pending against the petitioner and also considering the fact that the petitioner has been arrested very recently on 02.06.2023, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition stands dismissed.

21.06.2023 ham

A.D.JAGADISH CHANDIRA , J.

ham 21.06.2023