Madras High CourtCRL OP/47/2022dismissed

A.Abbas v. 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.47 of 2022 A.ABBAS [PETITIONERS] Vs STATE REP.BY [RESPONDENT] THE INSPECTOR OF POLICE, VADAVALLI POLICE STATION, COIMBATORE.

(CRIME NO.767 OF 2021) For Petitioner : M/S.G.NIRMAL KRISHNAN 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 Section 328 of IPC r/w Section 24(1) of Cigratte and other Tabacco Products Act, 2003 in Cr.No.767 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with one accused persons were involved in illegal transportation of 751 Kgs of banned tobacco products that worth about Rs.3,00,000/- and the same was seized by the respondent police. Hence, the complaint. 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 Government Advocate (Crl.Side) submitted that the petitioner along with one accused persons were involved in illegal transportation of 751 Kgs of banned tobacco products that worth about Rs.3,00,000/-. He further submitted that the petitioner is the owner https://hcservices.ecourts.gov.in/hcservices/

of the vehicle that was seized by the respondent police and there is one previous case similar nature pending against him. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the submissions made by the learned Government Advocate that the petitioner was involved in illegal transportation of huge quantity of banned tobacco products, custody of the petitioner is required and also there is one previous case similar nature pending against him.

6. In such circumstances, custodial interrogation of the petitioner is essential to unearth the truth. Therefore, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition seeking anticipatory bail 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, VADAVALLI POLICE STATION, COIMBATORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.G.NIRMAL KRISHNAN Advocate on payment of necessary charges SR.No.327 CRL OP.47/2022 Date :05/01/2022 CSK 11/01/2022 https://hcservices.ecourts.gov.in/hcservices/