Senthil v. The State Rep By Its,

Crl.O.P.No.26802 of 2024 A.D.JAGADISH CHANDIRA, 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 of 2024 for the alleged offences punishable under Sections 328, 302 of IPC and 4(1)(i) and 4(1-A) of the Tamil Nadu Prohibition Act.

2. The case of the prosecution is that due to the consumption of methylated spirit, which was illegally manufactured by the accused, nearly 70 persons died at Kallakurichi. The respondent had seized the spurious liquor and arrested the accused, who are the reason behind this hooch tragedy. Hence the case.

3. 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 was arrested only based on the confession statement recorded from the other accused and further, major part of the investigation is over. Hence, he prayed for grant of bail to the petitioner, stating that the petitioner, who is in custody from 26.07.2024, is ready to abide by any stringent conditions that may be imposed by this Court.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that the petitioner and other accused were involved in selling spurious liquor and due to the consumption of the same, nearly 70 persons lost their lives at Kallakurichi. He also submitted that the petitioner is a habitual offender having 27 previous cases of similar nature and he is also responsible for the hooch tragedy and the specific overt act against the petitioner is that he helped other accused in transferring the methylated spirit brought by one of the accused named Chinnadurai. He further submitted that if the petitioner is released on bail, there is every possibility of him absconding and not available for trial.

5. Heard both sides and perused the materials available on record including the counter filed by the respondent Police.

6. Taking into consideration the facts and the submissions made by the learned Government Advocate (Criminal Side) and considering the nature and gravity of the offences committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed for the present. 14.11.2024 ham

A.D.JAGADISH CHANDIRA, J.

ham Crl.O.P.No.26802 of 2024 14.11.2024