Eswari v. The State Rep By Its,

A.D.JAGADISH CHANDIRA, J.

The petitioner/ A2 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1) (A) r/w 4(1) (A) (ii) of T.N.P Act, 2024 in Crime No.458 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that, when the respondent police were conducting raid near Keevalur Police Checkpost, Koilkadambanur, Sannathi Street, Sivan Temple, they found the first accused was selling liquor in a plastic jug and on search, the first accused was in possession of 114 liters of Pondy arrack. Thereafter, the respondent police had arrested the first accused and upon enquiry, found that the first accused had illegally transported the Pondy arrack, on the instigation of the petitioner herein. Hence, this case. 3.

Learned counsel appearing for the petitioner would submit that petitioner is innocent and has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case, based on the confession of the main accused. He would further submit that the petitioner is 1/4

ready to produce solvent sureties and to abide with any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, 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, stating that based on the instigation of this petitioner, who arrayed as A2, the main accused had involved in illegal transportation of 114 liters of Pondy arrack. He would further submit that the petitioner is having 3 previous cases. 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 taking note of the fact that the petitioner is having 3 previous cases, this Court is not inclined to grant anticipatory bail to the petitioner. 2/4

7.

Accordingly, this Criminal Original Petition is dismissed. 20.11.2024 stn 3/4

A.D.JAGADISH CHANDIRA, J.

stn 20.11.2024 4/4