Gunaseelan v. State By

Crl.OP.No.15456 of 2023 G.CHANDRASEKHARAN, J.

This petition is filed to enlarge the petitioner on bail pending investigation in Crime No.6 of 2023 on the file of the respondent. 2.It is the submission of learned counsel for the petitioner that petitioner is falsely implicated as accused for the offences under Section 120 (B), 304 (1), 328 of I.P.C r/w Sections 4 (1-A) (i), 4 (1) (i), 7 (a) of TNP Act @ Sections 120 B, 302, 304 (1), 304 (2), 328 of I.P.C r/w Section 14-A, 4

(1) (aaa), 4 (1-A) (i), 4 (1-A) (ii), 4 (1) (i), 7 (a) of TNP Act and Section 7 of Tamil Nadu Denatured Spirit Methyl Alcohol and Varnish (French Polish) Rules, 1959 in Cr.No.225 of 2023, later transferred to CBCID in Cr.No.6 of 2023. He is in judicial custody from 16.05.2023. Thus, this petition is filed for seeking bail.

3.In response, the learned Additional Public Prosecutor submitted that it is a case of death of fourteen persons who consumed poisonous liquor sold by the accused involved in this case. Apart from fourteen death, fifty persons had suffered various ailments including loss of eye sight. Petitioner is the one, who had hidden the poisonous and spurious liquor, in his house. 1/4

Investigation in this case is not completed.

4.Considered the rival submissions and perused the records. 5.It is seen from the First Information Report allegations that many persons had consumed liquor sold by accused namely Muthu, Arumugam, Ravi Manangati and Amaran. On 13.05.2023 at about 09.00 a.m., defactocomplainant's husband consumed the illicit liquor and then he complained of vomiting, loss of eye sight, burning sensation of body. He was admitted in hospital. Despite treatment, he died on 14.05.2023. 6.The case of the prosecution is that not only defacto-complainant's husband, 14 other persons also died consuming the poisonous liquor sold by the accused.

7.Considering the nature and seriousness of the offences alleged to have been committed by this petitioner and other accused and that investigation in this case is not completed, this Court is not inclined to grant bail to the petitioner.

2/4

8.Accordingly, this Criminal Original Petition is dismissed. 03.08.2023 ep 3/4

G.CHANDRASEKHARAN, J.

ep Crl.OP.No.15456 of 2023 03.08.2023 4/4