Duraisamy v. State Rep.By

A.D.JAGADISH CHANDIRA, J.

The petitioner/ A2 apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(C), 4(1-A)(ii) of TN Prohibition (Amendment) Act in Crime No.559 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that based on a secret information on 25.10.2024, the respondent police went to Ammayipatt Thottam, Karumagoundampalayam, Thokkavadi, Kuchipalayam and found three litres of illicit liquor in a can in front of the petitioner's house. On enquiry, the petitioner's wife/ A1 stated that she and the petitioner together were involved in selling of illicit liquor and further based on her confession, the respondent police seized another 48 litres of illicit liquor, which was buried under the coconut trees near her house in 4 plastic pots. Hence, this case. 3.

Learned counsel appearing for petitioner submitted that petitioner is innocent and no way connected with the offence and has been falsely implicated in this case. He further submitted that the petitioner is

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 petitioner by stating that the petitioner along with A1 involved in selling of poisonous illicit liquor and about 48 litres of illicit liquor were seized from the petitioner's house. He further submitted that there is one previous case as against the petitioner.

5.

Heard the learned counsel for the petitioner, 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 that there is a previous case as against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

7.

Accordingly, this Criminal Original Petition is dismissed. 12.11.2024 stn A.D.JAGADISH CHANDIRA, J.,

stn 12.11.2024