Madras High CourtCRL OP/55/2022dismissed

Babu Lal 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.55 of 2022 BABU LAL [ PETITIONER / ACCUSED ] Vs THE STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AUROVILLE POLICE STATION, VILLUPURAM DISTRICT.

CRIME.NO.320 of 2021.

For Petitioner : M/S.M.ARUMUGAM Advocate For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 02.12.2021 for the offences under Sections 294(b), 353, 307, 273, 328 of Indian Penal Code r/w 24(1), 6 of COTPA Act, in Crime No.320 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 30.09.2021 at about 2.45 a.m, when the respondent police officials were on regular duty near Pattanoor village, Pattanoor Toll gate near Thindivanam to Puducherry highways road, the petitioner was found in illegal possession of banned tobacco products. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is no way connected to the alleged offence and he has been falsely implicated in this case and based on the confession of A1 and that his name also not in the FIR. He would further submit that the petitioner has been suffering incarceration for more than 30 days from 02.12.2021. Hence, he would pray for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would raise objection stating that the petitioner and other accused were found in possession of banned tobacco products of 20 Kgs., worth about Rs.3 lakh. He would further submit that the petitioner has got 3 previous cases of same nature and that there is a proposal for Goondas against the petitioner.

5. On seeing the quantity of the contraband and also the antecedents of the petitioner and if the petitioner is released on bail, there is every possibility of the petitioner getting 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 INSPECTOR OF POLICE, AUROVILLE POLICE STATION, VILLUPURAM DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, TINDIVANAM.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.M.ARUMUGAM Advocate on payment of necessary charges CRL OP.55/2022 Date :05/01/2022 INBA▬19/01/2022 https://hcservices.ecourts.gov.in/hcservices/