Madras High CourtCRL OP/10824/2022dismissed

Pachiyappan v. The Inspector Of Police

2022-05-05Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL ORIGINAL PETITION No.10824 of 2022 PACHIYAPPAN [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE TIRUVANNAMALAI TOWN POLICE STATION, TIRUVANNAMALAI.

CR.NO.183/2022.

For Petitioner : M/S.P.JAYACHANDRAN Advocate For Respondent : Mrs.G.V.KASTHURI, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A4 herein, who was arrested on 23.04.2022 for the offences punishable under Sections 273 & 328 of IPC and Section 24(1) of Cigarette and Other Tobacco Products Acts, 2003, in Crime No.183 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were allegedly found in possession of banned tobacco products.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offences as alleged by the prosecution and false case has been foisted against him. Earlier bail petition was filed before the Principal District and Session Court, Tiruvannamalai, and the same was dismissed on 27.04.2022. He further submitted that there is no previous case pending against the petitioner and prays for bail. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor appearing for the respondent raised objection for granting bail to the petitioner stating that the petitioner/A4 herein along with other accused was arrested on 23.04.2022 and the investigation is still pending and further awaiting for the chemical analysis report.

5. Considering the facts and circumstances of the case that the investigation is at initial stage and in the above circumstances, if the petitioner is released on the bail, there is a possibility of tampering the evidence and the place from where the materials were procured could not be traced, this Court is not inclined to grant bail to this petitioner.

6. Hence, this Criminal Original Petition is dismissed. -sd/- 05/05/2022 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 PRINCIPAL DISTRICT AND SESSIONS COURT, TIRUVANNAMALAI.

2 THE INSPECTOR OF POLICE TIRUVANNAMALAI TOWN POLICE STATION, TIRUVANNAMALAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE OFFICER INCHARGE SUB JAIL, TIRUVANNAMALAI.

CC to M/S.P.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.10824/2022 Date :05/05/2022 TA-06/05/2022 https://hcservices.ecourts.gov.in/hcservices/