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Madras High CourtCRL OP/13947/2023dismissed

Unnamalai v. The Inspector Of Police

2023-07-26Honourable Mr Justice G. Chandrasekharan3 pages

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 4(1)(a), 4 (1)(b), 4(1)(g) & 4 (1-A) of TN Prohibition Act, in Crime No.237 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. It is the submission of the learned counsel for the petitioner that petitioner is the wife of the second accused. She is implicated in this case on the basis of the confessional statement of the first accused and thus, prayed for anticipatory bail for the petitioner. 3.In response, the learned Government Advocate (Crl.side) submitted that on 15.05.2023, at about 20.00 hours, respondent police, on secret information of manufacture of illicit arrack, visited the land of the second accused in S.Patti village and found that some persons with two mud pots and plastic covers. On seeing them, one man and a woman escaped from the scene of occurrence. Respondent police arrested the first accused Vairamalai. As per the statement of the first accused, it was

found that other accused are Kuppuraj and Unnamalai. It is also the case of the prosecution that the land belongs to Kuppuraj and they had manufactured illicit arrack in the land. First accused was arrested and still in jail. Second accused is detained under the Goondas Act. 4.Considering the fact that this is a case of manufacture of illicit arrack in the land of the petitioner's husband and that she was also found with the illicit arrack when the respondent police visited the spot and also the fact that investigation is not completed, this Court is not inclined to grant anticipatory bail to the petitioner.

5.Accordingly, this Criminal Original petition is dismissed. 26.07.2023 sli

G.CHANDRASEKHARAN.

J.

sli 26.07.2023