Kala v. The State Represented By

A.D.JAGADISH CHANDIRA, J.

The petitioners/ Accused No.2 and 4, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act in Crime No.718 of 2024, on the file of the respondent police, seek anticipatory bail. 2.

The case of the prosecution is that based on the secret information received, the respondent police inspected the area near Achirupakkam, MGR Nagar and on seeing the police, the petitioners herein along with other accused ran away. On further inspection of the scene of occurrence, the respondent police found 40 bottles of spurious liquor, each containing 180ml, which were in illegal possession of the petitioners and coaccused. Hence, this case. 3.

Learned counsel appearing for petitioners submitted that the petitioners are innocent and no way connected with the offence. He further submitted that based on the confession of the co-accused, these petitioners were falsely implicated in this case. He also submitted that the co-accused A1

and A3 were arrested and granted bail and the petitioners are also ready to furnish sufficient sureties and to abide with any stringent condition that may be imposed by this Court, therefore, he prayed for grant of anticipatory bail to the petitioner.

4.

Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for grant of anticipatory bail to the petitioners by stating that the petitioners were found to be in illegal possession of 40 bottles of spurious liquor and there were 44 previous cases as against the 1st petitioner and two previous cases as against the 2nd petitioner. 5.

Heard the learned counsel for the petitioners, the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR. 6.

Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side and also considering the previous cases as against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.

7.

Accordingly, this Criminal Original Petition is dismissed. 12.11.2024 stn

A.D.JAGADISH CHANDIRA, J., stn 12.11.2024