Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12557 of 2016 SARAVANAN ...PETITIONER/SOLE ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE PROHIBITION OF ENFORCEMENT WING, THURAIYUR,TRICHY DISTRICT, CR NO.59 OF 2016.

...RESPONDENT/COMPLAINANT For Petitioner : M/S T.VADIVELAN Advocate For Respondent : Mr.P.KANNITHEVAN 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 sole accused, apprehends arrest at the hands of the respondent police for the offence punishable under Section 4(1-A) of TNP Act, in Crime No.59 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on the date of occurrence the petitioner was in possession of bottles of illicit liquor with fake IMF Labels and he confessed that he procured the said bottles from Pondicherry and the police party seized the same and when they opened and smelt the bottles, it emanated bad odour and suspecting that it may be a illicit liquor, they seized the same and preserved for chemical analysis. On returning to the police station with the petitioner and the seized materials, a 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. He has been falsely implicated in this case. 4.The learned Government Advocate (Crl. side) submitted that the petitioner used to buy Pondicherry liquor and sell the same in Tamil Nadu and the Chemical Analysis Report filed before the learned Judicial Magistrate reveals that the seized liquor contains https://hcservices.ecourts.gov.in/hcservices/

atropine, which is a poisonous substance and prayed for dismissal of this petition.

5.Considering the serious nature of allegations levelled against the petitioner and also considering the fact that the Chemical Analysis Report filed before the learned Judicial Magistrate reveals that the seized liquor contains atropine, which is a poisonous substance, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly this petition is dismissed.

sd/- 12/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE PROHIBITION OF ENFORCEMENT WING, THURAIYUR,TRICHY DISTRICT, 2 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12557 of 2016 Date :12/08/2016 smn SD/SK-SKN/24.08.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/