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Madras High CourtCRL OP(MD)/14230/2015disposed of

S. Babu @ Suresh Babu v. The Inspector Of Police

2015-08-10Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14230 of 2015 S. BABU @ SURESH BABU ... PETITIONER / ACCUSED 3rd Accused Vs THE STATE REP.BY THE INSPECTOR OF POLICE PROHIBITION AND EXCISE WING KOVILPATTI TUTICORIN DISTRICT.

IN CRIME NO.243 OF 2013 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.H.VELAVADHAS Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.3, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 4(1)(aaa), 4(1-A) of TNP Act (Transport) r/w. Section 66 of Tamil Nadu Excise Rules in Crime No.243 of 2013 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the accused were found in possession of 1750 ltrs. Of rectified spirit.

3. The learned counsel for the petitioner submitted that the petitioner was implicated based on the confession of accused Nos.1 and 2 and the prime accused have been arrested and released on bail. It is further submitted that the petitioner has no bad antecedent and this application may be considered.

4. The learned Government Advocate (Crl.side) submitted that the petitioner is having three previous cases in the State of Kerala and the earlier applications were dismissed only recently and there is no change of circumstances to consider this application now.

5. Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed.

sd/- 10/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE INSPECTOR OF POLICE, PROHIBITION AND EXCISE WING KOVILPATTI, TUTICORIN DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.14230 of 2015 Date :10/08/2015 2P/3C AM/IV/SAR-1/13.08.2015.

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