Nagapattinam bench of the Madras High Court dismissed a bail petition under Section 439 Cr.P.C. The petitioner was accused of possessing illicit spirit. The court rejected the application due to the petitioner having 335 pending cases against her.
The petitioner's bail application was dismissed; the Criminal Original Petition is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Monday, the Second day of August Two Thousand Twenty One
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION No.13252 of 2021
MAHESWARI @ MAGESHWARI [ PETITIONER / ACCUSED ]
Vs
STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VANIYAMBADI TALUK POLICE STATION, THIRUPATHUR, VELLORE DISTRICT. (CR.NO.189 OF 2017)
For Petitioner : M/S.G.VINODHKUMAR Advocate
For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side)
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who was arrested on 05.05.2021 and remanded to judicial custody for the alleged offences punishable under Sections 4(1)(aaa) 4(1-A)(ii) of TNP Act r/w 6 and 7 of TNRS Rules Act 2000 in in Crime No.189 of 2017, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner was in possession of 35 liters of spirit in 80 cans. Hence, the complaint.
3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.
4.The learned Government Advocate submits that the petitioner was in possession of 35 liters of spirit in 80 cans. He further submits that there are 25 previous cases pending against the petitioner. Hence, he opposed for grant of bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed.
-sd/-
02/08/2021 This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE INSPECTOR OF POLICE, VANIYAMBADI TALUK POLICE STATION, THIRUPATHUR, VELLORE DISTRICT. 2 THE SUPERINTENDENT, CENTRAL PRISON FOR SPECIAL PRISON FOR WOMEN, VELLORE.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.G.VINODHKUMAR Advocate on payment of necessary charges
CRL OP.13252/2021
Date :02/08/2021
CSK 09/08/2021
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. while she is facing charges under the TNP Act and has numerous pending cases against her.
2 provisions across 2 enactments
Maheswari @ Mageshwari
State Rep. by The Inspector of Police, Vaniambadi Taluk Police Station, Tirupathur, Vellore District
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
