Elamaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM Elamaran ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

(Crime No.190 of 2023) ... Respondent/Complainant For Petitioner : Mr.N.Balasubramanian, Advocate For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.190 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for 1/3

the offences punishable under Sections 4(1)(aa), 4(1)(g) and 4(1-A) of the Tamil Nadu Prohibition Act in Crime No.190 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 15.09.2023, when the respondent police on routine check up duty, they found the petitioner herein was found in illegal possession of arrack. On seeing the police, the petitioner escaped from the place of occurrence and thereafter, the respondent police recovered the arrack and registered the present case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner was found in illegal possession of arrack and when the police tried to catch him, he escaped from the place of occurrence. He would further submit that the investigation of this case is not yet completed. Therefore, at this stage, if anticipatory bail granted to the petitioner, it will affect the 2/3

progress of the investigation. Hence, he strongly objected to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and considering the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 11/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO THE INSPECTOR OF POLICE THIRUCHITRAMBALAM POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.18165 of 2023 Date :11/10/2023 SS/DD/SAR- /20/11/2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3