K.Kumar @ Kumarasamy v. The Sub Inspector Of Police

CRL OP(MD). No.5416 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.5416 of 2020

1. K.Kumar @ Kumarasamy ... Petitioner/Accused No.6

2. V.Kumar @ Sivakumar ... Petitioner/Accused No.7

3. M.Selvathi @ Arunachalaperumal ... Petitioner/Accused No.8 Vs The State rep. by The Sub Inspector of Police, Pavoorchatram Police Station, Tirunelveli District.

(Crime.No.265 of 2020) ... Respondent/Complainant For Petitioner : M/s.A.Rajaram, Advocate.

For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.265 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 188, 270 of I.P.C. and Section 4(1-A), 4(1)(g) of Tamil Nadu Prohibition Act in Crime No.265 of 2020 on the file of the respondent police, seek anticipatory bail.

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CRL OP(MD). No.5416 of 2020 3.The case of the prosecution is that on 15.05.2020 on receiving secret information, the police raided the place where 8 members found involving in brewing illicit arrack. These petitioners fleded from the scene of occurrence on seeing police whereas other five accused were arrested. After escaping from the scene of occurrence on seeing police, these petitioners have come before this Court seeking anticipatory bail.

4.The learned Additional Public Prosecutor opposed the anticipatory bail petition on the ground that during lock-down period, without maintaining social distance, 8 members joined together for brewing illicit arrack and hence, they were committed the offence under Section 188, 270 of I.P.C. and Section 4(1-A), 4 (1)(g) of Tamil Nadu Prohibition Act.

5.Taking note of the objection raised by the learned Additional Public Prosecutor, this criminal original petition is dismissed. sd/- 21/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: Due to lock-down on account of COVID-19 this order copy may be treated as true copy.

TO 1 THE SUB INSPECTOR OF POLICE PAVOORCHATRAM POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5416 of 2020 Date :21/05/2020 https://hcservices.ecourts.gov.in/hcservices/ ME/JC/SAR 3/22.05.2020/2P/3C 2/2