Praveenkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Dated: 08/11/2023 THE HON'BLE MR JUSTICE G.ILANGOVAN Praveenkumar ... Petitioner/Accused No.2 Vs.

The Inspector of Police, Puliangudi Police Station, Tenkasi District.

(Crime No.429 of 2023) ... Respondent/Complainant For Petitioner :

Mr.V.Kathirvelu, Senior Counsel for Mr.K.Prabhu, Advocate For Respondent :

Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER:- For Anticipatory Bail in Crime No.429 of 2023 on the file of the respondent police.

ORDER:-The Court made the following order:- The petitioner/A2 apprehends arrest at the hands of the respondent police for the offence punishable under section 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.429 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 10/10/2023 at about 05.30 pm, the respondent police officials on secret information, conducted search near Kattu Gurukulam. At that time, the accused persons carrying a plastic cans and bags. On 1/3

seeing the police party, they fled away from that place, after leaving the plastic cans and bags. On search, they found the plastic cans and bags contained illegal arrack. Upon which, a case in Crime No.429 of 2023 was registered for the offence under section 4(1-A) of Tamil Nadu Prohibition Act. 3.Seeking anticipatory bail, this petition has been filed by A2. 4.Heard both sides.

5.The learned Senior counsel appearing for the petitioner would submit that no similar case is pending against the petitioner. 6.Per contra, the learned Additional Public Prosecutor would submit that the petitioner is involved in four previous cases viz., (i)Crime No.291 of 2023 for the offences under sections 379 and 427 IPC on the file of the Puliyangudi Police Station; (ii)Crime No.28 of 2021 for the offences under sections 120(b), 147, 148, 341, 294(b), 506(ii), 302 IPC r/w 149, 109 IPC on the file of the KV Nallur Police Station; (iii) Crime No.447 of 2020 for the offences under section 294(b), 341, 506(i) IPC and section 4 of the Tamil Nadu Prohibition of Harassment of Women Act on the file of the KV Nallur Police station; and Crime No.44 of 2023 for the offences under sections 294(b), 353 and 506(ii) IPC on the file of the Chinnakovilankulam Police Station. 7.The fact remains that the petitioner is involved the offence punishable under section 302 IPC, which is a major offence. The person, who involved in such a 2/3

heinous offence is not entitled for the discretionary relief of anticipatory bail. 8.In the result, this criminal original petition is dismissed. sd/- 08/11/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

er To 1 THE INSPECTOR OF POLICE, PULIANGUDI POLICSE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.20129 of 2023 Date :08/11/2023 RS/JGB/SAR-(05.01.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3