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Madras High CourtCRL OP(MD)/22645/2022dismissed

Prabu v. The Inspector Of Police

2022-12-23Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.22645 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2022 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.22645 of 2022 Prabu ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Prohibition and Enforcement Wing, Kumbakonam, Thanjavur District.

(In Crime No.2837/2022). ... Respondent/Complainant For Petitioner : M/s. Karunanidhi.R, Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.2837/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 12.12.2022, for the offences punishable under Sections 4(1) (aa) r/w. 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.2837 of 2022, seeks bail.

2. The case of the prosecution is that on receiving the secret information, the respondent police has conducted a vehicle check up and at that time, the petitioner herein was illegally found in possession of 99 bottles of prohibited liquor. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence, as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 12.12.2022 and hence, prays for bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.22645 of 2022 4.The learned Additional Public Prosecutor would submit that the petitioner is having 12 previous cases in similar nature and the investigation of the case is pending and hence, prays to dismiss the petition.

5. Heard both sides and perused the materials on record. Taking into consideration of the facts and circumstances of the case and that the petitioner is having 12 previous cases in similar nature, this Court is not inclined to bail to the petitioner for the present.

6. Accordingly, this Criminal Original Petition is dismissed.

sd/- 23/12/2022 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO 1.THE OFFICER IN CHARGE, SUB JAIL, PABANASAM, THANJAVUR DISTRICT.

2.THE INSPECTOR OF POLICE, PROHIBITION AND ENFORCEMENT WING, KUMBAKONAM, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.22645 of 2022 Date :23/12/2022 RK/BUC/SAR- 3(03/01/2023) 2P/4C https://www.mhc.tn.gov.in/judis 2/2