← Library
Madras High CourtCRL OP(MD)/9292/2019dismissed

Kumar, v. The Inspector Of Police,

2019-07-03Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of July Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.9292 of 2019 KUMAR ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP BY THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, THANJAVUR DISTRICT.

(CRIME NO.394 OF 2019) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.M.KARUNAKARAN Advocate For Respondent : M/S.V.NEELAKANDAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. 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) and 4(1-A) of Tamilnadu Prohibition Act and 468 and 420 of IPC in Crime No.394 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that only confession given by A4, the petitioner herein has been implicated in the above case. The petitioner is not having any bad antecedent and hence, he prayed for grant of anticipatory bail to the petitioner. 4.Per contra, the learned Additional Public Prosecutor appearing for the respondent has submitted that totally six accused in this case. He further submitted that the petitioner and other accused persons purchased liquor bottles from Pondicherry illegally and sold the same to some TASMAC bar. He further submitted that https://hcservices.ecourts.gov.in/hcservices/

totally 1056 bottles were recovered from the accused persons. He further submitted A1 is having one similar type of case. Hence, he opposed this petition. However, he fairly conceded that A4 arrested and subsequently released on bail.

5.Considering the aforesaid submission made by the learned Additional Public Prosecutor that the petitioner is having one similar type of case, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this criminal original petition is dismissed.

sd/- 03/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, THANJAVUR DISTRICT.

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

+1. C.C. to M/S.K.M.KARUNAKARAN, Advocate SR.No. 10958

ORDER

IN CRL OP(MD) No.9292 of 2019 Date :03/07/2019 JM/VR/SAR 1/16.07.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/