Madras High CourtCRL OP/3626/2022dismissed

Shambulinga Nayaka v. State Rep By

2022-02-18Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eighteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.3626 of 2022 SHAMBULINGA NAYAKA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, SATHIYAMANGALAM POLICE STATION, ERODE DISTRICT.

CRIME NO. 08 OF 2022.

For Petitioner : M/S.C.D.SUGUMAR Advocate For Respondent : MR. L.BASKARAN, Additional public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 06.01.2022 for the offences under Sections 279, 328 of IPC and Section 7 and 20 (1) the Cigarettes and other Tobacco Products Act, 2003 and Section 52 and 59 Food Safety and Standards Act, 2006 in crime No. 08 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found to be in illegal transportation of contraband Tobacco products. Hence, the complaint.

3. The learned counsel for the petitioner would submits that petitioner was no way connected in this case and he has been falsely implicated in this case and he suffering incarceration for more than 46 days from 06.01.2022. Hence, the learned counsel prays for grant of bail to the petitioner.

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4. The learned Government Advocate (crl.side) raised objection stating that the petitioner along with A2 illegally transported contraband tobacco products worth about a sum of Rs.20,61,300/- and he further submitted that the investigation is not yet completed and he belongs to the State of Karnataka.

5. On considering the above facts and circumstances of the case and that there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 18/02/2022 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, SATHIYAMANGALAM POLICE STATION, ERODE DISTRICT.

2 THE OFFICER INCHARGE DISTRICT JAIL, GOPICHETTYPALAYAM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.D.SUGUMAR Advocate on payment of necessary charges CRL OP.3626/2022 Date :18/02/2022 JPA 24/02/2022 https://hcservices.ecourts.gov.in/hcservices/