Madras High CourtCRL OP/18144/2020dismissed

Ilayaperumal v. The State Rep By,

2020-11-19Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.11.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.18144 of 2020 Ilayaperumal ... Petitioner Vs.

The State ... Respondent Represented by Inspector of Police Cuddallore OT Police Station Cuddalore District (Crime No.1411 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner/accused on bail pending investigation in Crime No.1411 of 2020 on the file of the respondent.

For Petitioner : Mr.S.C.Vishwanth For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 22.10.2020 for the offence punishable under Sections 4(1) (aaa) and 4(1-A) of the T.N. Prohibition Act, in Crime No.1411 of 2020, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner was found in illegal possession 120 liters of I.D. Arrack. 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 22.10.2020 and the very reading of the F.I.R. would show that it is a foisted case and that all the previous cases are stated in the F.I.R. Hence, he prays for grant of bail.

4.The learned Government Advocate (Crl. Side) appearing for the respondent police would vehemently oppose stating that the https://hcservices.ecourts.gov.in/hcservices/

petitioner was found in illegal possession of 120 liters of I.D. Arrack. He would further submit that the petitioner is a habitual offender against whom, there are ten previous cases from the year 2018 and that the petitioner was arrested recently on 22.10.2020.

5. Taking into account the nature of offence and the fact that the petitioner is a habitual offender against whom there are ten previous cases and that the petitioner has been arrested recently on 22.10.2020, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 19/11/2020 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 INSPECTOR OF POLICE, CUDDALORE OT POLICE STATION, CUDDALORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

CC to M/S.S.C.VISHWANTH Advocate on payment of necessary charges CRL OP.18144/2020 Date :19/11/2020 MN-08/12/2020 https://hcservices.ecourts.gov.in/hcservices/