Madras High CourtCRL OP/48/2022dismissed

Vikramsingh v. The State Rep By

2022-01-05Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifth day of January Two Thousand Twenty Two PRESENT THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.48 of 2022 VIKRAMSINGH [ PETITIONER/ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT.

CRIME NO.617 OF 2021 For Petitioner : M/S.R.PRABAKAR, Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 06.12.2021 for the offences under Sections 328 IPC r/w Section 7 of the COTPA Act 2003 (The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003), in Crime No.617 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 06.12.2021 at about 2 am, when the respondent police officials were on routine vehicle checkup, the petitioner was found in possession of banned Tobacco products. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and that he has been suffering incarceration for 25 days from 06.12.2021 and hence, he would pray for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner illegally transported banned tobacco products worth about Rs.2 lakhs and that the investigation has not been completed.

5. On seeing the nature of offence, the value of the contraband and the investigation has not been completed and if the petitioner is released on bail, there is every possibility that the petitioner may abscond and tampering the evidence. Hence this court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 05/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE OFFICER INCHARGE, DISTRICT JAIL, DHARMAPURI.

2 THE INSPECTOR OF POLICE, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.PRABAKAR Advocate on payment of necessary charges CRL OP.48/2022 Date :05/01/2022 RW 20/01/2022 https://hcservices.ecourts.gov.in/hcservices/