Elumalai v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Fourth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION Nos.25520 & 25426 of 2021 ELUMALAI [ PETITIONER / ACCUSED IN CRL.O.P.No.25520/2021 ] RAJENDRAN @ KUTTY RAJENDRAN [ PETITIONER / ACCUSED IN CRL.O.P.No.25426 /2021 ] Vs STATE REP. BY [ RESPONDENT THE INSPECTOR OF POLICE, IN BOTH PETITIONS ] PEW MAMALLAPURAM POLICE STATION, CHENGALPATTU DISTRICT.
(CRIME NO.983 OF 2021) For Petitioners : M/S.R.SASIKUMAR Advocate [IN BOTH PETITIONS] For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) [IN CRL.O.P.No.25520/2021] MR.A.GOKULAKRISHNAN, Additional public Prosecutor [IN CRL.O.P.No.25426 /2021] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioners who apprehend arrest at the hands of the respondent police for the offences under Sections 4(1)(aaa), 4(1-A) of TNP Act and under Sections 468, 471, 420 IPC read with Sections 7 and 11 of R.S. Rules 2000 (Transporting), in Crime No.983 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 18.12.2021 when the respondent police officials were conducting regular vehicle check up, one Manikandan was found transporting 140 litres of illicit arrack in a TAVERA car bearing Regn.No.TN02 AD 3169 and the same was seized and based on the confession of the said Manikandan, the petitioners were implicated and the respondent police seized 2112 nos. empty brandy bottles, labels, Cap filling manual machine from some other accused persons. Hence, the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and he would pray for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioners/A10 and A9 along with other accused have involved in manufacturing of illicit arrack and huge quantity of illicit arrack, empty brandy bottles, white colour cans, lables and other materials used to manufacture illicit arrack have been seized from the place of the accused and that the case needs a detailed investigation.
5. On seeing the grave nature of allegations levelled against the petitioners and the fact that the petitioners along with other accused have involved in manufacturing of illicit arrack and that a huge quantity of arrack and other materials have been seized from the place of the accused and hence, the case needs a detailed investigation. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.
-sd/- 04/01/2022 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 MAMALLAPURAM POLICE STATION, CHENGALPATTU DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges CRL OP.25520 & 25426/2021 Date :04/01/2022 JPA 19/01/2022