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Madras High CourtCRL OP(MD)/15805/2021dismissed

Kumar v. The Inspector Of Police

2021-10-12Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRL OP(MD). No.15805 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.15805 of 2021 Kumar ... Petitioner/Sole Accused Vs The State Rep.by The Inspector of Police, Thathaiyangarpet Police Station, Tiruchirappalli District.

(Crime No.324 of 2021).

... Respondent/Complainant For Petitioner : Mr.K.Prakash, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.324 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 05.10.2021, for the offences punishable under Sections 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.324 of 2021 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that on 05.10.2021, when the respondent police was on raid, they found the petitioner is in possession of 8 bottles of brandy with poisonous smell for sale. 3.The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. The petitioner is in judicial custody from 05.10.2021 and hence, he seeks for grant of bail. 4.The learned Additional Public Prosecutor would submit that the petitioner is the sole accused and he is having four previous cases and three cases are similar in nature. He would further submit that chemical report is yet to be received.

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CRL OP(MD). No.15805 of 2021 5.Considering the gravity of the offence and also considering the fact that the petitioner herein is having four previous cases, and he was arrested only on 05.10.2021, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 12/10/2021 / 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, THATHAIYANGARPET POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

2. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

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

ORDER IN CRL OP(MD). No.15805 of 2021 Date :12/10/2021 LS/AM MS/VR/SAR-3/20.10.2021/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2