Madras High CourtCRL OP/22184/2021dismissed

Durai @ Tamilselvan v. State Rep By

2021-11-24Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.22184 of 2021 DURAI @ TAMILSELVAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ANAIKARANCHATHIRAM POLICE STATION, MAYILADUTHURAI DISTRICT.

(CRIME NO.860 OF 2021) For Petitioner : M.VIJAYARAGAVAN Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 02.11.2021 for the offences under Sections 4(1)(i), 4(1)(aaa) read with 4(1-A) of Tamilnadu Prohibition Act, in Crime No.860 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 02.11.2021 at about 10.30 a.m., when the respondent police officials were on patrol duty, the petitioner was found in possession of 110 litres of liquor. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for more than 20 days from 02.11.2021 and hence, he would pray for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that stating that the petitioner is a habitual offender and he has got 16 previous cases in the respondent police station and 13 previous cases in other police stations. 5.On seeing the antecedents of the petitioners, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 24/11/2021 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 1 THE INSPECTOR OF POLICE, ANAIKARANCHATHIRAM POLICE STATION, MAYILADUTHURAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE OFFICER INCHARGE, DISTRICT JAIL, NAGAPATTINAM.

CC to M.VIJAYARAGAVAN Advocate on payment of necessary charges CRL OP.22184/2021 Date :24/11/2021 RW 02/12/2021 https://hcservices.ecourts.gov.in/hcservices/