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Madras High CourtCRL OP(MD)/8967/2019dismissed

Balaji, v. The Inspector Of Police,

2019-06-27Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.8967 of 2019 Balaji ... Petitioner/Accused No.3 Vs state Rep.by The Inspector of Police,, PEW, Thuraiyur, Trichy District.

(Crime No.402 of 2019) ... Respondent/Complainant For Petitioner : M/s.S.Mahendrapathy, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.402 of 2019 on the file of the respondent Police.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4 (1) (aaa), 4 (1-A) of TNP Act, 420 465, 468, 471 IPC & Section 5& 7 of Tamil Nadu Rectified Spirit Rules, 2000, in Crime No.402 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that even as per the FIR, on 15.06.2019, while the respondent police on a patrol duty, the vehicle driven by A1 was intercepted and on search, they found 16 bottles contain 180 ml of liquor and empty bottles labels and other articles were seized by the police and other accused persons have escaped from the occurrence place. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has not having any knowledge https://hcservices.ecourts.gov.in/hcservices/

about the occurrence, and therefore, he prayed anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent has submitted that the petitioner along with other accused persons illegally moved illicit Brandi bottles. He further submitted that three cases of similar in nature are pending against the petitioner. Hence, he strongly opposed this petition. 5.Taking into consideration the aforesaid fact that the petitioner has illegally moved illicit Brandi bottles and also the fact that already the petitioner is having three previous cases similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this petition is dismissed.

sd/- 27/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE,, PEW, THURAIYUR, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.8967 of 2019 Date :27/06/2019 MS/PN/SAR-3/10.07.2019/2P.3C https://hcservices.ecourts.gov.in/hcservices/