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Madras High CourtCRL OP/22119/2023dismissed

Prakash @ Kakaprakash v. Inspector Of Police

2023-09-26Honourable Mr Justice G. Chandrasekharan3 pages

Crl.O.P.No.22119 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely Prakash @ Kakaprakash, who was arrested and remanded to judicial custody on 01.09.2023 for the offences under Sections 4(1)(i), 4(1)(aaa), 4(1-A) of TNP Act in Crime No.472 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in a case registered in Crime No. 472 of 2023 for the offence under Sections 4(1)(i), 4(1)(aaa), 4(1-A) of TNP Act. Petitioner is in Judicial Custody from 01.09.2023.

3.In response, the learned Additional Public Prosecutor submitted that, on 01.09.2023 at about 11.00.a.m., when the defacto complainant along with the police party mounted surveillance near Asappur Grave Yard, they found the accused in a suspicious circumstances. On search, they found the accused was in possession of 140 litres of illicit arrack. He further submitted that, apart from this case, there are seven previous cases pending against the petitioner. 1/3

4. Considering the nature of the allegations made against the petitioner and that he is an habitual offendor and there are 7 previous cases pending against him and that 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. 26.09.2023 Sma 2/3

G.CHANDRASEKHARAN,J.

Sma Crl.O.P.No.20943 of 2023 26.09.2023 3/3