Madras High CourtCRL OP/21/2022dismissed

D.Murugan v. State Rep By

2022-01-06Honourable Mrs Justice T.V.Thamilselvi2 pages

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.21 of 2022 D.MURUGAN [PETITIONER/ACCUSED NO.1] Vs THE STATE OF TAMIL NADU, [RESPONDENT/COMPLAINANT] REP BY THE INSPECTOR OF POLICE, OMALUR POLICE STATION, OMALUR, SALEM DISTRICT.

(CRIME NO.788/2021) For Petitioner : M/S.K.SELVARAJ Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) 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.788 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. The petitioner is in no way connected with the alleged offence. 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.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) submitted that more than huge quantity is contraband. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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.

+1CC to M/S.K.SELVARAJ Advocate on payment of necessary charges SR.No.379 CRL OP.21/2022 Date :06/01/2022 CSK 11/01/2022 https://hcservices.ecourts.gov.in/hcservices/