G Kalaiarasi v. State Rep By
Crl.Nos.7831, 7833 and 7866 of 2023 A.D.JAGADISH CHANDIRA, J.
In Crl.No.7831 of 2023, the petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 4(1)(a), 4(1-A) of TN Prohibition Act read with 6 & 11 of TN Rectified Spirit Rules 2000 in Crime No.96 of 2023, seeks anticipatory bail.
In Crl.No.7833 of 2023, the petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 4(1)(aaa), 4(1-A) of TN Prohibition Act read with 6 & 11 of TN Rectified Spirit Rules 2000 in Crime No.103 of 2023, seeks anticipatory bail.
In Crl.No.7866 of 2023, the petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 4(1)(a), 4(1-A) of TN Prohibition Act read with 6 & 11 of TN Rectified Spirit Rules 2000 in Crime No.111 of 2023, seeks anticipatory bail.
2. In Crl.No.7831 of 2023: The case of the prosecution is that on 23.02.2023, based on a secret information, when the Sub Inspector of Police attached to the respondent police along with his police party involved in patrol duty, the petitioner along with her husband Ganesan was found in possession of 100 nos. of packet liquor, each containing 100 m.l. and on seeing the respondent police, they escaped from the place by leaving the said liquor packets. Hence, the case. In Crl.No.7833 of 2023: The case of the prosecution is that on 26.02.2023, when the Inspector of Police attached to the respondent police along with her police par ty involved in routine patrol duty, the petitioner along with her husband and two sons, was found in possession of 9 cans of ID arrack, each containing 35 liters (total 315 liters) and on seeing the respondent police, they escaped from the place by leaving the said ID arrack cans. Hence, the case.
In Crl.O.P.No7866 of 2023: The case of the prosecution is that on 04.03.2023, when the Inspector of Police attached to the
respondent police along with her police party involved in routine vehicle check up, they intercepted a vehicle viz., Hero Honda Splender bearing Registration No.TN 21 J 2446 which was driven by one Baskaran @ Poonai Baskar and found 60 nos. of liquor packets each containing 300m.l. and on enquiry, it was found that the petitioner along with her sons, daughter and others, had asked the said Baskaran @ Poonai Baskar to take the same in order to sell it near Cemetery at Venkudi. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and she has been falsely implicated in this case since the petitioner has got some previous cases against her. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police vehemently opposed to grant anticipatory bail to the petitioner stating that the petitioner is a habitual offender against whom there are 40 previous cases registered in
Walajabad and Kancheepuram police stations. He further submitted that the petitioner was earlier detained under Act 14 for 4 times.
5. Heard both sides and perused the materials available on record.
6. Taking into consideration of the facts and circumstances of the case and the bad antecedents of the petitioner who has got 40 previous cases against her, this Court is not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, these Criminal Original Petitions are dismissed.
17.04.2023 ksa-2
A.D.JAGADISH CHANDIRA, J., ksa-2 17.04.2023