Madras High CourtCRL OP/237/2022dismissed

V.Manjunath v. State Rep.By

2022-01-21Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty First day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.237 of 2022 V.MANJUNATH [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SHOOLAGIRI POLICE STATION, KRISHNAGIRI DISTRICT.

(CR.NO.749/2021) For Petitioner : M/S.M.KARTHICK Advocate For Respondent : MR.A.GOKULAKRISHNAN Additional Public Prosecutor 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 12.11.2021 for the offences under Section 328 of IPC read with 7 and 20(i) of COTPA Act 2003, in Crime No.749 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.11.2021 when the respondent police officials were on their regular patrol duty, the petitioner was found transporting 246 kgs. of banned tobacco products worth about Rs.2,12,800/-. 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 more than 70 days from 12.11.2021. Hence, he would pray for grant of bail to the petitioner.

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4.The learned Additional Public Prosecutor would raise strong objection stating that the petitioner was found transporting 246 kgs. of banned tobacco products worth about Rs.2,12,800/- and if he is released on bail, there is every possibility of the petitioner getting abscond and the investigation would be stalled. 5.On seeing the nature of allegation levelled against the petitioner and the quantity of alleged tobacco products and there is a possibility of the petitioner getting abscond, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 21/01/2022 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, SHOOLAGIRI POLICE STATION, KRISHNAGIRI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL JAIL, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.KARTHICK Advocate on payment of necessary charges CRL OP.237/2022 Date :21/01/2022 CSK 04/02/2022 https://hcservices.ecourts.gov.in/hcservices/