Ambikapathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10504 of 2016 AMBIKAPATHY ... PETITIONER/ACCUSED NO.3 Vs THE STATE REP BY THE INSPECTOR OF POLICE PEW POLICE STATION, (PROHIBITION AND ENFORCEMENT WING), TRICHY CITY.

(CRIME NO.876/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S B.JAMEEL ARASU Advocate For Respondent : M/S.P.KANNITHEVAN, Government 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 offences punishable under Section 4(1)(a) and Section 24 of Tamil Nadu Prohibition Act, in Crime No.876 of 2015, on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that on 22.12.2015, at the time of routine inspection by the police, they found that the petitioner and other accused sold the brandy bottles to the customers at the higher rate after closing the TASMAC shop. On complaint case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) submitted that the Government has taken a Policy decision fixing the time for sale of liquor in shop. The allegation against the petitioner and other accused is that they sold the brandy bottles to the customers at the higher rate after closing the TASMAC shop and they have violated the time limit for sale of liquor fixed by the Government and prayed for dismissal of this petition.

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5.Considering the serious nature of allegations levelled against the petitioner that he violated the time limit for sale of liquor fixed by the Government, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly this petition is dismissed.

sd/- 28/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2.THE INSPECTOR OF POLICE PEW POLICE STATION, (PROHIBITION AND ENFORCEMENT WING), TRICHY CITY.

+1. CC to M/S B.JAMEEL ARASU Advocate SR.No.33854 RL/4C/2P/SKS/RR/SARIII/5/7/2016

ORDER

IN CRL OP(MD) No.10504 of 2016 Date :28/06/2016 https://hcservices.ecourts.gov.in/hcservices/