Johnson Xavier v. Police Department

A. D. JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(aa) and 4(1-A) of TN Prohibition Act and Sections 420, 465, 468, 471 and 272 of I.P.C, in Crime No.764 of 2022, seeks anticipatory bail.

2. There are totally six accused involved in this case and the petitioner herein is arrayed as A6. The case of the prosecution is that when the respondent police was on regular checkup, they found that the petitioner along with other accused were found in illegal possession of 180 ml of Liquor. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed for anticipatory bail to the petitioner. He would further submit that the petitioner is prepared to abide by any stingent conditions that may be imposed on him by this Court.

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioner/A6 along with other accused were found in illegal possession of 180 ml of Liquor. He further submitted that the petitioner is an habitual offender and also involved in several cases in various Districts viz: Ariyalur, Trichy, Madurai and Puducherry. Hence, he raised strong objection for grant of anticipatory bail to the petitioner.

5. Considering the submissions made by the learned Government Advocate (Criminal Side), the petitioner is an habitual offender and also the bad antecedents of the petitioner, this Court is not inclined to grant the relief sought for in this petition.

6. Accordingly this Criminal Original Petition is dismissed. gbi 16.03.2023

A. D. JAGADISH CHANDIRA, J.

gbi 16.03.2023