Johnson Xavier v. The Inspector Of Police

CRL OP(MD). No.20258 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20258 of 2022 Johnson Xavier ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Melur Prohibition Enforcement Wing, Madurai District.

(Crime No.781/2022).

... Respondent/Complainant For Petitioner : M/s.Karunakaran K M, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr No.781/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offence under Sections 420, 465, 468 and 471 IPC and Sections 4(1-A) and 4(1)(aaa) of Tamil Nadu Prohibition Act r/w 5 and 6 of TN Rectified Sprit Rules, 2000 in Crime No.781 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that on 09.11.2022 at about 12.00 hrs, on receipt of secret information, the respondent police was conducted raid at one Kalyanasundaram's wife Ganammal Garden, Ayanpanadangudi, at that time, A1 and A3 were carrying 665 litres of ID arrack. The respondent police found the accused persons and they arrested A1 and A3 and seized the ID Arrack. Based upon the confession of A1, the above case has been registered against the petitioner.

3.The learned counsel for the petitioner would submit that based on the confession statement given by A1, the petitioner has been arrayed as accused in this case and he is innocent and he has https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.20258 of 2022 been falsley implicated in this case. Hence, he prays for anticipatory bail.

4.The learned Government Advocate (Crl.Side) would submit that the petitioner and other accused were in illegal possession of 665 litres of ID arrack. The petitioner is a history sheeted rowdy element and he is having 15 previous cases, which are similar in nature and he is the main accused in this case. Hence, he prayed for dismissal of this petition.

5.Taking note of the bad antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed. sd/- 25/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, MELUR PROHIBITION ENFORCEMENT WING, MADURAI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.KARUNAKARAN K M Advocate SR.No.13787

ORDER

IN CRL OP(MD) No.20258 of 2022 Date :25/11/2022 SJI SA/SSS/SAR.2/07.12.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2