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Madras High CourtCRL OP/21728/2023dismissed

L.Shanmugam v. State Rep By,

2023-09-25Honourable Mr Justice G. Chandrasekharan3 pages

G.CHANDRASEKHARAN, J.

The petitioner, who was arrested and remanded to judicial custody on 04.09.2023 for the offences punishable under Sections 4(1)(a), 4(1)(g) read with 4(1)-(A) of Tamil Nadu Prohibition Act in Crime No.24 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an accused in Crime No.24 of 2023 for the offences under Sections 4(1)(a), 4(1)(g) read with 4(1)-(A) of Tamil Nadu Prohibition Act. He further submitted that, petitioner is innocent and he is falsely implicated in this case. Petitioner is in judicial custody from 04.09.2023. Thus, he prays for grant of bail.

3. In response, learned Additional Public Prosecutor submitted that on 04.09.2023, on the basis of the secret information received, the de-facto complainant along with the police party inspected the field of the petitioner Shanmugam, at about 18.00 hrs. In the agricultural field, they found 35 litres can containing 20 litres of illicit arrack. They also recovered the following articles from there Viz., Red & White coloured 'HP' tin can - 3 Nos., White Coloured

Sintex 'Kavery' with lid - 1 No., Blue Coloured Sintex with lid - 2 Nos., 25 litres Cooker with lid - 2 Nos., 5 litres can - 2 Nos., Funnel - 2 Nos., Blue colour filter with handle - 1 No., White coloured pumping tube - 1 No., Yellow coloured plastic pot - 1 No., Blue coloured plastic pot - 1 No., Iron gas stove with regulator and double burner - 1 No., Indane gas cylinder (19.1 Kgs) - 1 No., and Copper tube - 2 Nos, which were used for preparation of the illicit liquor. He further submitted that petitioner has one similar case pending against him.

4. Considering the fact that the petitioner is having one similar case pending against him and the investigation in this case is not completed, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed.

25.09.2023 mpl

G.CHANDRASEKHARAN, J.

mpl .

25.09.2023