Siva v. The State Rep By

Crl.O.P.No.28103 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 19.10.2024, seeking bail in Crime No.463 of 2024 for the alleged offences punishable under Sections 4(1)(A) r/w 4(1A)(ii) of the Tamil Nadu Prohibition (Amendment) Act.

2. The case of the prosecution is that the accused were found to be in illegal possession of 118 litres of pondy arrack. 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 since he has several previous cases. He also submitted that the petitioner is in custody from 19.10.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that the petitioner/A1 along with A2 were found to be in illegal possession of 118 litres of pondy arrack. He further submitted that 59 previous cases are pending against the petitioner, therefore, if he is released on bail, there is every possibility of him absconding and not available for further investigation. https://www.mhc.tn.gov.in/judis

A.D.JAGADISH CHANDIRA, J.

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5. Heard both sides and perused the materials available on record.

6. Taking into consideration the facts and the submissions made by the learned Government Advocate (Criminal Side) that the petitioner was arrested very recently and also considering the antecedents of 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 Crl.O.P.No.28103 of 2024 https://www.mhc.tn.gov.in/judis