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(1A) of TN Prohibition Act and Sections 420, 465, 468, 471 and 272 of IPC, 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 287 bottles of Express Brandy (each containing 180 ml) and 93 bottles of Black Pearly Brandy (each containing 180 ml), which are all fake liquor bottles. Hence the case.

3.The learned counsel for the petitioner submitted that this is the second application for anticipatory bail filed by the petitioner and the earlier

application in Crl.O.P.No.5932 of 2023 was dismissed by this Court on 16.03.2023 on the ground that the petitioner has got several previous cases. He further submitted that the arrested accused in this case have been enlarged on bail in Crl.O.P.No.29288 of 2022 on 29.11.2022 and hence, he seeks for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate appearing for the respondent Police submitted that the petitioner along with other accused were found in illegal possession of 287 bottles of Express Brandy (each containing 180 ml) and 93 bottles of Black Pearly Brandy (each containing 180 ml). He further submitted that the petitioner is a habitual offender and also involved in several cases in various Districts viz., Ariyalur, Trichy, Madurai and also in the State of Puducherry. He further submitted that this Court taking into consideration the petitioner is a habitual offender, against whom, several other cases are pending, had dismissed the earlier application for anticipatory bail. He also submitted that now there is no change in circumstances of the case. Hence, he prayed for dismissal of the petition.

5. Heard the learned counsel on either side and perused the entire

materials available on record.

6.This Court taking into consideration the petitioner is a habitual offender and several cases are pending in various Districts and also in the State of Puducherry, had dismissed the earlier anticipatory bail application and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 26.07.2023 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 26.07.2023