Viji Alias Vijaya Kumar v. State Rep By The Inspector Of Police, Omerabad Police Station

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Viji @ Vijaya Kumar .. Petitioner Vs State rep by the Inspector of Police Omerabad Police Station, Omerabad, Thirupathur District.

(Crime No. 304 of 2025) .. Respondent PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No. 304 of 2025 on the file of the respondent and thus render justice.

For petitioners(s):

Mr.Vinodhkumar For Respondent(s):

Mr. S.Udayakuamar, Government Advocate, (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent

police for the offence punishable under Section 4(1)(C), 4(1-A) (ii) of The Tamil Nadu Prohibition (Amendment Act), 2024 r/w 123 of BNS (328 of IPC) in Crime No.304 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 24.08.2025, at about 15.00 hrs, when the defacto complainant and other police party were conducting a routine check near Melkoormapalayam Village, they found the petitioner along with other accused in illegal transportation of 15 liters of country arrack, with each containing 200 ml. Based on this, the respondent police arrested the accused and seized the liquor. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. Based on the confession of the arrested accused/A1, this petitioner was arrayed as an accused in this case. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the

respondent reiterated the prosecution case and on instructions submitted that the arrested accused/A1 is still in judicial custody. He further submits that the petitioner has two previous cases pending against him.

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

6.Considering the nature of the dispute, taking into the fact that the arrested accused/A1 is still in judicial custody and also the petitioner has two previous cases against him, this Court is not inclined to grant anticipatory bail to the petitioner.

16-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State rep by the Inspector of Police Omerabad Police Station, Omerabad, Thirupathur District.

2.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 25294 of 16-09-2025