Madras High CourtCRL OP(MD)/13741/2021dismissed

P.Ravichandran v. The Inspector Of Police

2021-09-17Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.13741 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.13741 of 2021 P.Ravichandran ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Pamban Police Station, Ramanathapuram District.

(Crime No.94 of 2021) ... Respondent/Complainant For Petitioner : Mr.M.Solaisamy, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory bail in Crime No.94 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent Police, for the offence punishable under Sections 4(1) (aaa) and 24 of Tamilnadu Prohibition Act, in Crime No.94 of 2021, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 2111 bottles (contain 180 ml in each bottle) of liquor.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. The petitioner has rented his three shops to run TASMAC shop at Pamban Village and he is getting reasonable rent from the TASMAC for his properties and he never purchased such liquor bottles. Due to previous altercation, the respondent Police has registered three cases against him within three months. He further submitted that this is the third anticipatory bail petition and the earlier two anticipatory bail petitions filed by the petitioner were dismissed by this Court. However, the co-accused were granted anticipatory bail by this Court, in Crl.O.P.(MD)Nos.11559 and 11784 of 2021, vide order dated https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13741 of 2021 24.08.2021. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) opposed for grant of anticipatory bail on the ground that the petitioner is having three previous cases of similar in nature. The details of which are as under:

(i) Pamban Police Station - Cr.No.20/21, u/s.4(1)(aaa) of Tamilnadu Prohibition Act;

(ii) Pamban Police Station - Cr.No.297/20, u/s. 4(1)(aaa) and 24(1) of Tamilnadu Prohibition Act;

(iii) Pamban Police Station - Cr.No.30/19, u/s. 4(1)(aaa) of Tamilnadu Prohibition Act.

5. Considering the nature of offence, the quantity of liquor bottles and the antecedent of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. In the result, the Criminal Original Petition is dismissed. sd/- 17/09/2021 / 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 PAMBAN POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.13741 of 2021 Date :17/09/2021 OGY MK/VR/SAR.III/28.09.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2