D.Murugan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixth day of January Two Thousand Twenty Two PRESENT THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.51 of 2022 D.MURUGAN [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMIL NADU REP BY [ RESPONDENT / COMPLAINANT] THE INSPECTOR OF POLICE, OMALUR POLICE STATION, OMALUR, SALEM DISTRICT.

(CRIME NO.686 OF 2021) For Petitioner : M/S.K.SELVARAJ Advocate For Respondent : MR.A.GOKULAKRISHNAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 7 and 20(1) of Cigarette and other Tobacco Products Act, 2003 and Sections 273 and 328 of IPC read with Sections 52 and 59 of Food Safety and Standards Act, 2006 in Crime No.686 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that two other accused persons were in possession of the banned Tobacco products consisting of Panparak in 40 Nos. of gunny bags containing Pathan Gold and 5 bags of Cool Lip. Since he is the owner of the vehicle, the petitioner has been arrayed as an accused in the above case. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor submitted that more than huge quantity is contraband. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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5. Considering the facts and circumstances of this case, more than huge quantity is contraband, it needs detailed investigation, which may including custodial interrogation, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 06/01/2022 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 INSPECTOR OF POLICE, OMALUR POLICE STATION, OMALUR, SALEM DISTRICT.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1 CC to M/S.K.SELVARAJ Advocate on payment of necessary charges SR.NO.380 CRL OP.51/2022 Date :06/01/2022 INBA▬11/01/2022 https://hcservices.ecourts.gov.in/hcservices/