Madras High CourtCRL OP/24042/2021dismissed

Balendrsingh v. State

2021-12-14Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24042 of 2021 BALENDRSINGH [ PETITIONER / ACCUSED ] Vs STATE [ RESPONDENT ] THE INSPECTOR OF POLICE, PEW, UTHANGARAI POLICE STATION, KRISHNAGIRI DISTRICT.

CR.NO.478/2021.

For Petitioner : M/S.M.P.SARAVANAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. 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 24.11.2021 for the offences under Sections 4(1)(aaa) read with 4 (1-A) of TNP Act and Sections 6 and 7 of TN Rectified Sprit Rules 2000, in Crime No.478 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 24.11.2021 when the respondent police officials were on regular patrol duty, the petitioner was found illegally transporting 21 litres of rectified spirit. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is the driver of the vehicle and he is no way connected with the alleged offence 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 24.11.2021. Hence, he would pray for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the accused are running a factory at the border of Gujarat and that the petitioner belongs to Uttarpradesh State and if he is released on bail, there is every possibility of the petitioner getting abscond and thereby, the investigation would be stalled.

5.On seeing the grave nature of allegation levelled against the petitioner and considering the submission of the learned Government Advocate (Crl. Side) that the petitioner belongs to Uttarpradesh State and there is every possibility of the petitioner getting abscond if he is released on bail, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 14/12/2021 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, PEW, UTHANGARAI POLICE STATION, KRISHNAGIRI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL JAIL, SALEM.

CC to M/S.M.P.SARAVANAN Advocate on payment of necessary charges CRL OP.24042/2021 Date :14/12/2021 TA-30/12/2021 https://hcservices.ecourts.gov.in/hcservices/