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Madras High CourtCRL OP/31868/2025dismissed

Kannan v. The State Rep By, The Inspector Of Police,

2025-11-24Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 31868 of 2025 1.Kannan/A1 2.Shanmugasundaram/A2 Petitioners Vs The State rep. by The Inspector of Police (PEW Thindivanam PS) Crime No. 142 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest pending investigation in Cr.No. 142 of 2025 on the file of the respondent police.

For Petitioners : Mr.T.K.S.Bharathy Shri For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side) ----

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 4(1)(a) of Tamilnadu Prohibition Act, 1937 and u/s.4(1)(c) of the Tamilnadu Prohibition (Amendment) Act, 2024 and 4(1)(b) of Tamilnadu Prohibition Act, 1937, Section 4(1)(A) of Tamilnadu Prohibition (Amendment) Act, 2024 and Section 14(A) of Tamilnadu Prohibition (Amendment) Act, 2024 in Crime 1/4

No. 142 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioners is that the petitioners were found to be in possession of 27 numbers of brandy bottles each containing 1000 ml was suspected to be poisonous illegally. Hence the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case. He submits that they have not committed any offence as alleged by the prosecution. He also submits that the petitioners are ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for their release. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that totally two accused were involved in this case. He further submits that the petitioners have already been taken into custody and subsequently, they have left out. However, he opposed for grant of anticipatory bail to the petitioners.

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5. I have also gone through the FIR and other connected materials before me, it reveals that the petitioners have involved in 27 numbers of brandy bottles from Pondicherry, each containing 1000 ml was suspected to be poisonous and the petitioners had involved in huge quantity of brandy bottles and the same were recovered from the petitioners herein,

6. Taking into the above facts and circumstances of the case, and the submissions made by the learned Counsel on either side; the gravity of offence committed by the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is dismissed. 24.11.2025 MSM To 1.The Inspector of Police (PEW Thindivanam PS) Crime No. 142 of 2025.

2. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM CRL OP NO. 31868 of 2025 24.11.2025 4/4