The petitioner, apprehending arrest for illegal possession of alcohol, sought anticipatory bail. Noting he was a habitual offender with six pending similar cases and no change in circumstances, the court declined the prayer.
Petitioner's application for anticipatory bail was dismissed.
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Crl.O.P.No.26163 of 2023
Crl.O.P.No.26163 of 2023
A.D.JAGADISH CHANDIRA , J.
The petitioner, who apprehends arrest at the hands of the respondent Police for the offence under Sections 4(1)(a) r/w 4(1-A)(ii) of Tamil Nadu Prohibition Act in Crime No.311 of 2023, on the file of the respondent Police, seeks anticipatory bail.
Police and his team were on their regular patrol duty, they found that the accused was in illegal possession of 21 bottles (90 ml each) of Rum. Hence the case.
Crl.O.P.No.26163 of 2023
of the earlier anticipatory bail applications, the petitioner has not been arrested so far. Hence, he filed the present petition seeking for grant of anticipatory bail to the petitioner.
submitted that it is the case where the petitioner was found to be in illegal possession of 21 bottles (90 ml each) of Rum. He also submitted this Court, taking into consideration the fact that the petitioner is a habitual offender, had dismissed the earlier bail application. He further submitted that six previous cases of similar nature are pending as against the petitioner and also stated that there is no change of circumstances. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.
pending against the petitioner, which are extracted hereunder :-
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Crl.O.P.No.26163 of 2023
| S.No. | Crime No. (Thirupathur PEW) |
Sections |
|---|---|---|
| 1. | 311/2023 | 4(1)(a) r/w 4(1-A)(ii) of TNP Act |
| 2. | 484/2022 | 4(1)(a) of TNP Act |
| 3. | 337/2022 | 4(1)(a) of TNP Act |
| 4. | 312/2022 | 4(1)(a) of TNP Act |
| 5. | 43/2022 | 4(1)(a) of TNP Act |
| 6. | 74/2021 | 4(1)(a) of TNP Act |
Government Advocate (Crl.Side) for the respondent and perused the materials available on record.
and the submissions made by the learned Government Advocate (Crl.Side) that six previous cases of similar nature are pending against the petitioner and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.
Page 3 of 4
Crl.O.P.No.26163 of 2023
A.D.JAGADISH CHANDIRA, J.
dismissed.
17.11.2023
ham
Crl.O.P.No.26163 of 2023
Page 4 of 4
1 issue framed by the court
Whether anticipatory bail can be granted to a petitioner apprehending arrest for illegal possession of alcohol when he is a habitual offender with six pending similar cases and no change of circumstan
1 provisions across 1 enactments
A.D. JAGADISH CHANDIRA
RESPONDENT POLICE
A.D. JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
