M. Abimani, v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR M.Abimani ... Petitioner Vs.

The State rep. by, The Inspector of Police, Thirukkannapuram Police Station, Nagapattinam District.

Crime No.112 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No. 112 of 2025 on the file of respondent Police.

For Petitioner :

Mr.C.R.Gokulvisvas For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.112 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that, on 05.07.2025, at around 14:00 hours, based on reliable and confidential information, the respondent police proceeded to the place of occurrence and arrested Accused No.1 who was allegedly involved in illegally selling banned Pondy arrack. Upon arrest, the respondent police seized 114 litres of Pondy arrack from the possession of Accused No.1. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case. The petitioner was not present at the place of occurrence and has no connection whatsoever with the alleged offence. It is further submitted that the petitioner has been arrayed as an accused only on the basis of the statement given by the co-accused, which is inadmissible and not sufficient to implicate the petitioner. The petitioner further undertakes to cooperate with the investigation and abide by any condition that may be imposed by this Hon'ble Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of anticipatory bail and submitted that the seriousness of the offence, involving the illegal possession and sale of banned arrack, cannot be ignored. The role of the petitioner is still under investigation and granting bail at this stage may hinder the progress of the investigation.

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

6. Considering the gravity of the offence, nature of the contraband seized and the stage of the investigation, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.

7. Accordingly, this Criminal Original Petition is dismissed. 17.07.2025 nsl 3/5

To

1. The Inspector of Police, Thirukkannapuram Police Station, Nagapattinam District.

2. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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