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 along with his team were on regular patrol duty, they found that the accused were found to be in illegal possession of 110 litres of Pondy arrack. Hence the case

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that this is the third application for bail filed by the petitioner and this Court had dismissed the earlier bail applications of the petitioner in Crl.O.P.Nos.13944 & 17647 of 2023 vide orders dated 22.06.2023 & 04.08.2023. He further submitted that there is discrepancy with regard to the place of occurrence. He also

submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petitioner along with other accused was found to be in illegal possession of 110 litres of Pondy arrack and this Court, taking into consideration the previous antecedents of the petitioner, had dismissed the earlier bail applications filed by the petitioner. He further submitted that there is no change of circumstances. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, submissions made by the learned Government Advocate (Crl.Side)

that there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed.

17.10.2023 ham

A.D.JAGADISH CHANDIRA , J.

ham 17.10.2023