Vijay v. State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 15.10.2022, for the offences punishable under Sections 4(1)(aaa) r/w 4(1-A) of TNP (Transport) Act, in Crime No.795 of 2019 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with the other accused indulged in an unauthorized transportation of 720 litres of illicit arrack using the vehicle TATA Sumo bearing Registration No. PY01 AA 8655 without any valid licence. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would also submit that the petitioner is in custody from 15.10.2022 and he is ready to abide by any stringent

conditions that may be imposed on him and hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the respondent police found that the petitioner along with the other accused were indulged in an unauthorized transportation of 720 litres of illicit arrack using the vehicle TATA Sumo bearing Registration No. PY01 AA 8655 without any valid licence. He would further submit that there are 11 previous cases pending as against the petitioner. Therefore, he vehemently oppose for grant of bail to the petitioner.

5. The details of the previous cases pending as against the petitioner are tabulated hereunder:- S.No. Police Station Crime No.

Offences 1.

Sembanar Koil 57/2017 294(b), 352, 506(i) IPC 2.

Sembanar Koil 332/2018 294(b), 352, 506(ii) IPC & 4 of TNPHW Act

S.No. Police Station Crime No.

Offences 3.

Sembanar Koil 405/2018 4(1)(aaa) r/w 4(1-A) TNP Act 4.

Sembanar Koil 37/2021 4(1)(aaa) r/w 4(1-A) TNP Act 5.

Sembanar Koil 49/2021 4(1)(aaa) TNP Act 6.

Perambur 229/2019 120(B), 147, 148, 294(b), 307, 506(ii) IPC 7.

Perambur 352/2019 4(1)(aaa) r/w 4(1-A) TNP Act 8.

Perambur 384/2022 4(1)(aaa) r/w 4(1-A) TNP Act 9.

Manalmedu 255/2022 4(1)(aaa) TNP Act 10.

Mayiladuthurai 795/2019 4(1)(aaa) r/w 4(1-A) TNP Act (Transport) 11.

Mayiladuthurai 384/2020 4(1)(aaa) TNP Act

6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

7. Taking into consideration the facts and circumstances of the case and the submission made by the learned Government Advocate (Crl.Side) and also considering the fact that 11 previous cases are pending as against the petitioner, this Court is not inclined to grant bail to the petitioner.

A.D.JAGADISH CHANDIRA , J.

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8. Accordingly, this Criminal Original Petition stands dismissed for the present.

09.11.2022 ham