Madras High CourtCRL OP/25614/2021dismissed

Sivakami v. State Rep By

2022-01-03Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Third day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.25614 of 2021 SIVAKAMI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, THALAIVASAL POLICE STATION, SALEM.

CRIME NO.507 OF 2021 For Petitioner : M/S M.RAJKUMARFRANKLIN 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 03.12.2021 for the offences under Sections 4(1)(i), 4(1)(aaa), 4 (1-A) of TN Prohibition Act, in Crime No.507 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 03.12.2021 at about 5.30 a.m., the petitioner was selling ID Arrack in the bushes near a public toilet at Vadakkumarai Village and when the defacto complainant consumed the same, he sustained some troubles in his body following which, he was admitted in hospital and the case came to be registered and subsequently, the petitioner was found in possession of 107 litres of ID Arrack in a gunny back.

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3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and that he has been suffering incarceration for more than 30 days from 03.12.2021. Hence, he would pray for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) raised strong objection stating that the petitioner was found in possession of poisonous illicit arrack and he has got 18 previous cases and that there is a proposal for Goondas against the petitioner.

5. In view of the fact that there are 18 previous cases against the petitioner and that there is a proposal for Goondas against the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 03/01/2022 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, THALAIVASAL POLICE STATION, SALEM.

2 THE OFFICER INCHARGE WOMEN SUB JAIL, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S M.RAJKUMARFRANKLIN Advocate on payment of necessary charges CRL OP.25614/2021 Date :03/01/2022 JPA 06/01/2022 https://hcservices.ecourts.gov.in/hcservices/