Madras High CourtCRL OP/30910/2024dismissed

Charles v. The State Rep By

2024-12-12Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 30910 of 2024 CHARLES S/o.Thavamani, Kela Kavathukudi, Theavur, Nagapattinam. Petitioner(s) Vs The State Rep by The Inspector of Police, Prohibition and Excise Wing, Tiruvarur. Cr.No.787/2024.

Respondent(s) For Petitioner(s):

S Hariprasad For Respondent(s):

Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner, who apprehends arrest, seeking anticipatory bail in Crime No.787 of 2024, registered for the offence under Sections 4(1)(A), 4(1-A)(i) of Tamil Nadu Prohibition (Amendment) Act, 2024 and Section 123 of BNS, 2023. 1/6

2. The case of the prosecution is that the petitioner along with other accused was found to be in illegal possession of 2,400 bottles of brandy containing 270 liters of unauthorized pondicherry liquor. 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 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. Learned Government Advocate (Crl.Side) appearing for the respondent police, while objecting for grant of bail to the petitioner, submitted that this is the second anticipatory bail petition filed by the petitioner, who has got 21 previous cases, similar in nature and he has also given the list of cases pending against the petitioner.

5. This Court had earlier dismissed the anticipatory bail petition on 08.11.2024 and this is the second application filed by the petitioner. It is informed 2/6

that there are 21 cases as against the petitioner and the details of which are as follows:

Sl.No.

Crime No.

Police Station and registered under Sections Stage of the case Cr.No.342 of 2024 Keevalur Police Station under Sections 4(1)(i) of TNP Act Not taken on file Cr.No.246 of 2024 Keevalur Police Station under Sections 4(1-A), 4(1)(aa) of TNP Act Referred Cr.No.46 of 2024 Keevalur Police Station under Sections 4(1)(i) of TNP Act and Section 4(1)(i) of TNP Act Not taken on file Cr.No.12 of 2024 Keevalur Police Station under Sections 4(1-A), 4(1)(aaa), 4(1)(i) of TNP Act and Section (1)(aaa), 4(1)(i) of TNP Act and Section 4(1)(i) of TNP Act.

Not taken on file Cr.No.789 of 2023 Keevalur Police Station under Sections 4(1-A), 4(1)(aaa), 4(1)(i) TNP Act Not taken on file Cr.No.380 of 2023 Keevalur Police Station under Sections 4(1-A), 4(1)(aaa), 4(1)(i) of TNP Act Not taken on file Cr.No.338 of 2023 Keevalur Police Station under Sections 4(1-A), 4(1)(aaa), 4(1)(i) of TNP Act Not taken on file Cr.No.173 of 2022 Keevalur Police Station under Sections 4(1-A), 4(1)(aaa), 4(1)(i) of TNP Act Not taken on file Cr.No.95 of 2022 Keevalur Police Station under Sections 4(1-A), 4(1)(aaa), 4(1)(i) of TNP Act Referred Cr.No.88 of 2022 Keevalur Police Station under Sections 4(1-A), 4(1)(aaa), 4(1)(i) of TNP Act Not taken on file Cr.No.1094 of 2021 Keevalur Police Station under Sections 4(1-A), 4(1)(aaa), 4(1)(i) of TNP Act Disposed Cr.No.

903 of 2021 Keevalur Police Station under Sections 4(1-A), 4(1)(aaa), 4(1)(i) of TNP Act Not taken on file Cr.No.797 of 2021 Keevalur Police Station under Sections 4(1-A), 4(1)(aaa), 4(1)(i) of TNP Act Disposed Cr.No.

Sl.No.

Crime No.

Police Station and registered under Sections Stage of the case Cr.No.1449 of 2020 Keevalur Police Station under Sections 143, 188, 269, 341 of IPC Referred Cr.No.1426 of 2020 Keevalur Police Station under Sections 4(1)(aaa) of TNP Act Referred Cr.No.33 of 2022 Keevalur Police Station under Sections 269, 270 of IPC Disposed Cr.No.441 of 2022 PEW Nagapattinam under Section 4(1)(aa) of TNP Act Pending Trial Cr.No.338 of 2022 PEW Nagapattinam under Section 4(1)(aa) of TNP Act Not taken on file Cr.No.189 of 2024 Velipalayam Police Station under Section 4(1-A)(aaa) of TNP Act Not taken on file Cr.No.787 of 2024 PEW Thiruvarur Police Station under Sections 123 BNS, 4(1)(A), 4(1-A)(i) of TNP Amendment Act, 2024 Under Investigation

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

7. Taking into consideration the fact that the petitioner is a habitual offender, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. 12.12.2024 Anu 4/6

To 1.The Inspector of Police, Prohibition and Excise Wing, Tiruvarur.

2.The Public Prosecutor High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

Anu 12.12.2024 6/6