Madras High CourtCRL OP/14064/2021dismissed

Narayana Selvan v. State Rep By

2021-08-13Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Thirteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.14064 of 2021 NARAYANA SELVAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, BARGUR POLICE STATION, ERODE DISTRICT.

CR.NO.36 OF 2021.

For Petitioner : M/S. T.NIXON Advocate For Respondent : MR. L.BASKARAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 273 and 328 of IPC and u/s 7 and 24(1) of Cigarette and other Tobacco products Acts 2003, in Crime No.36 of 2021, seeks anticipatory bail.

2. This is the second anticipatory bail application.

3. The case of the prosecution is that during the regular vehicle checking at Anthayur Road, Bargur Check Post Police Station limit, the petitioner was found carrying 3150 packets of Hans and 300 packets of cool lip in a vehicle bearing No.TN-38CR-2525, which are harmful to the human being life and which are also prohibited by the Government of Tamil Nadu under Narcotic Drugs Rule and when the driver was enquired and asked to open the turbolin on the back side, the ran away into the deep forest. Hence, the complaint.

4. The learned counsel appearing for the petitioner would submit that the petitioner was only the driver and he was not aware of the products inside the vehicle and he is innocent and nothing to do with the alleged offence and a false case has been registered against the petitioner and the petitioner is no way connected with the alleged https://hcservices.ecourts.gov.in/hcservices/

occurrence. Hence, he prays to grant anticipatory bail to the petitioner.

5. The learned Government Advocate (Crl.side) submitted that the petitioner was found carrying 3150 packets of Hans and 300 packets of cool lip in a vehicle bearing No.TN-38CR-2525, which are harmful to the human being life and which are also prohibited by the Government of Tamil Nadu under Narcotic Drugs Rule and further submitted that the case is still under investigation and details of the owner of the vehicle could not be traced due to the absconding of the petitioner and hence, he vehemently opposed to grant anticipatory bail to the petitioner.

6. Considering the grave nature of offence levelled against the petitioner and also the fact that the case is still under investigation, at this stage of the matter, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 13/08/2021 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, BARGUR POLICE STATION, ERODE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. T.NIXON Advocate on payment of necessary charges CRL OP.14064/2021 Date :13/08/2021 INBA 25/08/2021 https://hcservices.ecourts.gov.in/hcservices/