Johnson Xavier v. The Inspector Of Police

CRL.O.P(MD)No.1433 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.1433 of 2023 Johnson Xavier ... Petitioner/Accused No.2 -vsState represented by The Inspector of Police, Melur Prohibition Enforcement Wing, Madurai District (Cr.No.781 of 2022) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest by the respondent Police with respect to Cr.No.781 of 2022.

For Petitioner : Mr.K.M.Karunakaran, Advocate For Respondent : Mr.A.Albert James Government Advocate (Crl.side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 420, 465, 468 and 471 IPC and Sections 4(1-A), 4(1)(aaa) of Tamil Nadu Prohibtion Act, r/w Sections 5,6 of TN Rectified Spirit Rules 2000 in Crime No.781 of 2022 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant is that the accused 1 and 3 were found in possession of 665 litres of ID arrack. Hence, the complaint.

3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and a false complaint has been given. He prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.side) would submit that the petitioner is having 17 previous cases out of which 15 cases are similar in nature and this is second anticipatory bail application and the earlier application was dismissed on 25.11.2022 and there is no change of circumstance. He prays for dismissal of this application.

5.This Court has already dismissed the petition filed by the petitioner considering the fact that the petitioner is having 17 previous cases out of which 15 cases are similar in nature. However, https://www.mhc.tn.gov.in/judis 1/2

CRL.O.P(MD)No.1433 of 2023 now this Court finds no change of circumstances in this case and therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed. sd/- 25/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CM To 1 THE INSPECTOR OF POLICE MELUR PROHIBITION ENFORCEMENT WING, MADURAI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1433 of 2023 Date :25/01/2023 RS/SAR.2(14.02.2023) 2P-3C https://www.mhc.tn.gov.in/judis 2/2