M.Abimani v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26901 of 2025 M. Abimani ... Petitioner/ A2 Vs The State rep. by, The Inspector of Police, Thirukkannapuram Police Station Nagapattinam District.

(Crime No.112 of 2025) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent in Crime No.112 of 2025 on the file of the respondent police.

For Petitioner : Mr. C.R. Gokulvisvas For Respondent : Mr. S. Udayakumar Government Advocate (Crl.Side) ******

O R D E R

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The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 4(1)(A) of TNP (Amendment) Act in Crime No.112 of 2025 on the file of the respondent Police, seeks anticipatory bail. The earlier anticipatory bail application of the petitioner was dismissed by this Court, vide order dated 17.07.2025 in Crl.O.P.No.19862 of 2025.

2. The case of the prosecution is that based on a secret information, the respondent police went to the spot and found that A1 was involved in illegal selling of 114 litres of banned arrack; that upon investigation, A1 confessed that the petitioner herein was also involved in the offence. Hence, this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case based on the confession of the co-accused and he was not present at the place of occurrence. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally two accused in this case and the petitioner is arrayed as A2; that the petitioner has previous antecedents of similar nature; and that the investigation of this case is pending, hence opposed the grant of anticipatory bail to the petitioner.

5. Considering the facts of this case, the previous antecedents of the petitioner, the fact that there is no change of circumstances after the dismissal of the earlier anticipatory bail application of the petitioner in Crl.O.P.No.19862 of 2025 and also the fact that the investigation is pending, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this criminal original petition stands dismissed. 06.10.2025 stn K. RAJASEKAR, J.

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To

1. The Inspector of Police, Thirukkannapuram Police Station Nagapattinam District.

(Crime No.112 of 2025)

2. The Public Prosecutor, High Court of Madras.

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