Vivekanandan v. State By

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 06.11.2022 for the offences punishable under Sections 328 of IPC and Section 7(5), 20(2) of Cigarette and other Tobacco Products Act, 2003, in Crime No.283 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on receiving a secret information, the respondent and his team went to the scene of occurrence and conducted the search, during which, they found that 150 gunny bags and 18 white colour plastic bag containing 15,000 hans packets and other banned tobacco products. The respondent seized the contraband and arrested two accused whereas, two of the other accused were ran away from the spot. Hence the case.

3. Learned counsel for the petitioner submitted that this is the second bail application of this petitioner before this Court and this Court had earlier dismissed the bail application filed by the petitioner in

Crl.O.P.No.31599 of 2022 vide order dated 22.12.2022. He further stated that co-accused has been granted anticipatory bail in Crl.O.P.No.30261 of 2022 dated 08.12.2022 and one of the accused was arrested and released on bail in Crl.O.P.No.28878 of 2022 dated 28.11.2022. He also submitted that the petitioner is in custody from 06.11.2022 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner is arrayed as A1 in this case and this is his second bail application before this Court. He further stated that this case needs detailed investigation, thereby, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and also considering the gravity of the offence and the fact that this case needs detailed investigation, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 19.01.2023 ham

T.V.THAMILSELVI,J.

ham 19.01.2023