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Madras High CourtCRL OP/13436/2020dismissed

P.Muthulingam v. The State Rep By

2020-09-01Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13436 of 2020 P. Muthulingam ... Petitioner Vs.

State rep. by The Inspector of Police, Thiruvalam Police Station, Vellore District.

(Crime No.141 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in event of his arrest by the respondent police in connection with Crime No.141 of 2020 on the file of the respondent police. For Petitioner : Mr.R. Kannan For Respondent : Mr. M. Mohammed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punisable under Sections 7(5), 20(2) under the Cigarette and other TOBACCO Products Act, 2003 read with 328 of I.P.C. in Crime No.141 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally transported banned tobacco products through Maruthi Swift without obtaining proper license. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. On instruction, he would further submit that taking into consideration the present Covid pandemic situation the petitioner is prepared to donate/pay some considerable amount to any charitable organization or association without prejudice to his defence and prayed for grant of anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor submitted that there are six previous case registered against the petitioner. Hence, he opposed for the grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and there are six previous case against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, the Criminal Original Petition is dismissed. -sd/- 01/09/2020 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, THIRUVALAM POLICE STATION, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.KANNAN Advocate on payment of necessary charges CRL OP.13436/2020 Date :01/09/2020 cs 15/09/2020 https://hcservices.ecourts.gov.in/hcservices/