Madras High CourtCRL OP(MD)/8845/2021dismissed

Sivakumar v. The Inspector Of Police

2021-07-06Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD). No.8845 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8845 of 2021 Sivakumar ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Ammapettai Police Station, Thanjavur District.

(Crime.No.763/2021) ... Respondent/Complainant For Petitioner : Mr.M.Pitchai Muthu, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.763 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(aaa) r/w. 4(1)(g) of TNP Act, in Crime No.763 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 22.06.2021, when the police party was engaged in preventing the offence relating Prohibition Act, they found 240 litres of Ooral in the petitioner's pumpset near Chenpagapuram, Natham Village. On seeing the police party, he escaped from the scene. Therefore, this case came to be registered 3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. Therefore, he seeks anticipatory bail. 4.The learned Government Advocate (Crl.side) for the respondent strongly opposed this petition on the ground that investigation in this case is not completed and the petitioner is having several https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8845 of 2021 previous cases pending against him, out of which, two case are registered under the Tamil Nadu Prohibition Act. 5.Considering the allegations made in the First Information Report and several previous cases are pending against the petitioner, out of which, two case are registered under the Tamil Nadu Prohibition Act, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 06/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE, AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.8845 of 2021 Date :06/07/2021 SJI MS/SKN/SAR-5/09.07.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2