Iyappan v. The State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 4(1)(aaa) r/w 4(1-A) of the Tamil Nadu Prohibition Act, in Crime No.64 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent police was on regular patrol, they found that the petitioner along with other accused persons were found to be in possession of 110 litres of Pondy arrack. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is no way connected with the alleged offence and this is the second anticipatory bail application after the dismissal of the earlier application in Crl.P.No.13944 of 2023 dated 22.06.2023. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner along with other accused persons were found to be in possession of 110 litres of Pondy arrack. He further submit that the petitioner has got five previous cases pending and hence he has suppressed the earlier dismissal and thereby, he seeks for dismissal of this petition.

5. Heard both sides and perused the materials available on record including the FIR.

6. .Taking into consideration the facts and circumstances of the case and also of the fact that the earlier application for anticipatory bail was dismissed and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

04.08.2023 drl

A.D.JAGADISH CHANDIRA , J.

drl 04.08.2023