A.Praveen Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the First day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4298 of 2022 1 A.PRAVEEN KUMAR [ PETITIONERS / ACCUSED ] 2 B.P.PRADEEP Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DEEVATTIPATTI POLICE STATION, SALEM DISTRICT.

CRIME NO.62/2022.

For Petitioner : M/S.A.VIMAL RAJ, Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 7, 20(1) of the COTPA Act r/w 273 & 328 of IPC in Crime No.62 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioners herein arrayed as Accused Nos.4 and 5 are before this court seeking anticipatory bail in Cr.No.62 of 2022 on the file of the respondent police.

3. A reading of the FIR indicates that the tobacco product worth around Rs.17 lakhs has been clandestinely transported from Karnataka to Tamil Nadu in a Toyota Etios container lorry bearing Regn. No.KA01-AJ -8247. The police were in the check post conducting checking during the election duty, intercepted the said lorry and enquired the content of the lorry. Based on the information given by the lorry https://hcservices.ecourts.gov.in/hcservices/

driver and the cleaner, they went to the Toyota Etios Car. They informed the police that the case found in the lorry belongs to the person who is travelling in the Toyota Etios car. They went to the car two persons flied from the scene abandoning the car. Later, they came know that they are the petitioners herein and they have arranged the other accused to transport the contraband from Bangalore to Tamil Nadu.

4. The learned counsel for the petitioner submitted that they were no way connected to the contraband and they were travelling to Salem for their personal work.

5. However, there is no explanation for the conduct of the petitioners who have flied from the scene of occurrence abandoning the car and the car has now been recovered by the police.

6. Considering the content of the FIR and the statement given by the accused implicated the petitioners herein in the crime, this court is of the view that it is not a fit case to grant anticipatory bail and the petitioners are required to be secured to complete the investigation. Hence, this Criminal Original Petition is dismissed.

-sd/- 01/03/2022 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, DEEVATTIPATTI POLICE STATION, SALEM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.ARUMUGAM Advocate on payment of necessary charges SR.NO. 3173 CRL OP.4298/2022 Date :01/03/2022 RW 11/03/2022 https://hcservices.ecourts.gov.in/hcservices/