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2025 DAILYLAW 13294 (MAD)

Gubendiran v. The State Rep. by, Inspecor of Police,

CRL OP/984/2025 · 2025-01-21

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP NO. 984 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2025 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 984 of 2025 Gubendiran S/o. Piththan, Kannoor Village, Kalvarayanmalai Taluk, Kallakuruchi District. Petitioner(s) Vs The State Rep. by, Inspecor of Police, Kariyalur Police Station, Kallakurchi District (Crime No.02 of 2025) Respondent(s) For Petitioner(s): Mr. T. Maha Vishnu For Respondent(s): Mr.S.Santhosh,Government Advocate (criminal Side). ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(C), 4(1-A)(ii) of Tamil Nadu Prohibition Act, in Crime No.02 of 2025, on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the petitioner, along with another individual, was found to be in possession of 300 liters of Fermentated Wash and 10 liters of ID arrack. Hence the complaint. https://www.mhc.tn.gov.in/judis 3. Learned Counsel for the petitioner submitted that the petitioner is an innocent person, who has been falsely implicated in this case. He further submitted that the petitioner has no way in connection with the offence as alleged by the prosecution. He further submitted that the petitioner is willing to abide by any condition that may be imposed by this Court, and therefore, he prays for the grant of anticipatory bail. 4. In contrast, the learned Government Advocate (Crl.Side) appearing for the respondent police opposed for grant of bail to the petitioner stating that it is a case where the petitioner, along with one another have allegedly possessed 300 liters of Fermantated Wash and 10 liters of ID arrack. He also submitted that the petitioner is arrayed as the accused/A1, while the co-accused/A2, a co-seller, was arrested and remains in jail. The petitioner has previous cases of a similar in nature pending against him. Therefore, if the petitioner is granted anticipatory bail, there is a possibility that he will commit a similar offence in the future. 5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl Side) for the respondent and perused the entire materials available on record. https://www.mhc.tn.gov.in/judis 6. This is the first application for anticipatory bail. Taking into consideration the facts and circumstances of the case, as well as bad antecedents of the petitioner, who is having previous case of a similar nature, this Court finds no change in circumstances that would warrant granting anticipatory bail to the petitioner. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. 7. Accordingly, the Criminal Original Petition stands dismissed. 21-01-2025 klt To 1. The State Rep. by, Inspecor of Police, Kariyalur Police Station, Kallakurchi District (crime no 02 of 2025) https://www.mhc.tn.gov.in/judis A.D. JAGADISH CHANDIRA, J. klt CRL OP NO. 984 of 2025 21-01-2025 https://www.mhc.tn.gov.in/judis