Raja v. The State Rep. By

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), 4(1)(h), 4(1-A)(ii) of TNP Act, in Crime No.112 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 600 packets of Karnataka liquor. Hence the case.

3. The learned counsel for the petitioner submitted that this is the second application for anticipatory bail and the earlier application for anticipatory bail in Crl.O.P.No.9046 of 2023 was dismissed by this Court on 12.06.2023, since it was submitted by the prosecution that the petitioner has got two previous cases. He further submitted that these two cases are relating to the year 2017 and the petitioner does not have any other case other than these two cases. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate for the respondent Police submitted that due to wrong instructions on the earlier occassion, the petitioner has got only two previous cases against him. However, on proper and thorough verification, it was found that the petitioner has got 12 previous cases under the Prohibition Act and custodial interrogation of the petitioner is very much required in this case. Hence, he prayed for dismissal of the petition.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate and perused the entire materials available on record.

6. This Court earlier taking into consideration the petitioner has got two previous cases had dismissed the earlier application. Now it is brought to the notice of this Court that the petitioner has got 12 previous cases against him. Further it is also stated that the custodial interrogation of the petitioner is required to find out the source of the illicit liquor. Hence, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 28.07.2023 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 28.07.2023