Madras High CourtCRL OP/10806/2022dismissed

Arunkumar 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.10806 of 2022 ARUNKUMAR [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] TIRUVANNAMALAI TOWN POLICE STATION, TIRUVANNAMALAI, CRIME 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 petitioners/A1 & A2 herein, who were arrested on 23.04.2022 for the offences punishable under Sections 273 & 328 of IPC and Section 24(1) of the Cigarette and Other Tobacco Products Acts, 2003, in Crime No.183 of 2022, on the file of the respondent police, seek bail.

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

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any such offences as alleged by the prosecution and a false case has been foisted against them. 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 as against the petitioners and hence 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 petitioners stating that the petitioners/A1 & A2 herein along with other accused were arrested on 23.04.2022 and 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 if the petitioners are 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. Hence this Court is not inclined to grant bail to these petitioners.

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 OFFICER INCHARGE, SUB JAIL, TIRUVANNAMALAI.

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

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. P.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.10806/2022 Date :05/05/2022 RW 06/05/2022 https://hcservices.ecourts.gov.in/hcservices/