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Madras High CourtCRL OP/22962/2024dismissed

Ayyasamy v. State Rep By

2024-10-01Honourable Mr.Justice P. Dhanabal4 pages

Crl.O.P.No. 22962 of 2024 P.DHANABAL, J This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 26.07.2024, seeking bail in Crime No.4/2024, registered for the offence punishable under Sections 328, 302 IPC read with Sections 4(1)(i) and 4(1-A) of the Tamil Nadu Prohibition Act.

2. The case of the prosecution is that the petitioner was involved in the Kallakurichi Hooch tragedy and 69 persons died due to consumption of the illicit arrack supplied by the petitioner. Hence the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Due to previous motive, he has been arrayed as accused in this case and he is in custody from 26.07.2024. He has not committed any offence as alleged in the FIR. Hence he prayed to grant bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police raised an objection stating that the petitioner was involved in the Kallakurichi, hooch tragedy and nearly 69 persons lost their lives and many people have been taken treatment at the Government Hospital. He further submitted that they have sent the samples for lab and awaiting for lab report and the investigation is still pending. However, he opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and also perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side, and also considering the grave nature of offence, and also considering the fact that the investigation is not yet completed, at this stage, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 01.10.2024 mfa P.DHANABAL, J.

mfa Crl.O.P.No. 22962 of 2024 01.10.2024