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Madras High CourtCRL OP/27793/2022dismissed

Kesavan v. State Rep By

2022-11-15Honourable Mr Justice A.D.Jagadish Chandira4 pages

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 Tamil Nadu Prohibition Act, in Crime No.144 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the respondent Police and his team were on their routine patrol duty, the petitioner was found to be in possession of 110 litres of Pondicherry liquor. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted 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 submitted that the respondent police found that the petitioner was in illegal possession of 110 litres of Pondicherry liquor. He further submitted that as far as the petitioner is concerned he is a history sheeted rowdy in H.S.No.03/2014 and he has got 17 previous cases of similar in nature and therefore, he vehemently opposed to grant bail to the petitioner.

5. 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.

6. 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 17 previous cases of similar are pending as against the petitioner, this Court is not inclined to grant bail to the petitioner.

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

15.11.2022 ham

A.D.JAGADISH CHANDIRA , J.

ham 15.11.2022