M.Muthu v. The State Rep. By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN M.Muthu S/o.Moorthy, Palaiyam Village, Chittoor District, State of Andhra Pradesh.

Petitioner(s) Vs The State Rep. by, The Inspector of Police, Sipcot Police Station, Ranipet District, (Crime.No.403 of 2024).

Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in the event of his arrest in Crime No. 403 of 2024 on the file of the respondent police and thus render justice.

For Petitioner(s):

K Sathish Kumar For Respondent(s):

Mr.S.Balaji, Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(B) and 4(1-A)(ii) of Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.403 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. This is the second anticipatory bail petition before this Court. The earlier bail petition in Crl.O.P. No.1872 of 2025 was dismissed as withdrawn on 28.01.2025 by Hon'ble Mr. Justice A.D.Jagadish Chandira, and this anticipatory bail petition is listed before this Court pursuant to the orders passed by the Hon'ble Division Bench of this Court in Crl.O.P. No.31787/2024 on 04.03.2025.

3. The case of the prosecution is that the petitioner, along with another person were found in possession of 20 liters of ID Arrack. Hence, this case.

4. Learned Counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner has no connection to the alleged offence as alleged by the

prosecution. Hence, he prayed for the grant of anticipatory bail to the petitioner.

5. Learned Government Advocate (Crl.Side) appearing for the respondent police opposed for grant of anticipatory bail to the petitioner stating that the petitioner, along with co-accused/A2 were found in possession of 20 liters of ID Arrack. The petitioner is the accused/A1, hails from Andhra Pradesh. Further, he submits that the petitioner has four previous cases pending against him. Granting anticipatory bail may enable the petitioner to commit similar offences in the future.

6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl Side) for the respondent and perused the entire materials available on record.

7. This is the second anticipatory bail petition filed by the petitioner. Considering the nature of allegations, the fact that the earlier anticipatory bail petition was dismissed by this Court on 28.01.2025 in Crl.O.P.No.1872 of 2025; and since there is no change in circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, the Criminal Original Petition stands dismissed. 27-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes jd

To 1.The State Rep. by, The Inspector of Police, Sipcot Police Station, Ranipet District, (Crime.No.403 of 2024).

SUNDER MOHAN J.

jd CRL OP No. 8630 of 27-03-2025