Kandasamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Ninth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION Nos.12894 & 12744 of 2022 KANDASAMY [ PETITIONER / ACCUSED IN CRL.O.P.No.12894/2022 ] MUTHUKUMAR [ PETITIONER / ACCUSED IN CRL.O.P.No.12744/2022 ] Vs STATE REP BY [ RESPONDENT INSPECTOR OF POLICE(L AND O), IN BOTH PETITIONS ] HUDCO POLICE STATION, KRISHNAGIRI, CRIME NO.165 OF 2022 For Petitioner : M/S.S.MADHUSUDHANAN Advocate [IN CRL.O.P.No.12894/2022] M/S.B.RAMESH BABU, Advocate [IN CRL.O.P.No.12744/2022] For Respondent : MR.A.DAMODARAN, Additional public Prosecutor [IN BOTH PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 01.05.2022 for the offences punishable under Section 328 of IPC r/w Section 6, 20(1) of COTP Act, 2003 in crime No.165 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 01.05.2022 at about 06.00 hrs, when the defacto complainant and the subordinates were conducting vehicle check up near Krishnagiri Nationl Highway, the https://hcservices.ecourts.gov.in/hcservices/

vehicle bearing registration No. TN 07 CT 5193 (Tata Canter Van) was intercepted and on search 4.817 kg of tobacco products were found. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he seeks for grant of bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the petitioners are A1 and A2 and on the occurrence day, they were found in possession of 4.817 kg of tobacco products worth about Rs.25,43,000/- without valid licence. Hence, he vehemently opposed to grant bail to the petitioners.

5. It is seen that the petitioner were found in possession of about 4 kg of tobacco products, which is a huge quantity. Therefore, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, both the criminal original petitions are dismissed.

-sd/- 09/06/2022 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(L AND O), HUDCO POLICE STATION, KRISHNAGIRI, 2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. S. MADHUSUDHANAN Advocate on payment of necessary charges CRL Ops.12894 & 12744/2022 Date :09/06/2022 JPA 16/06/2022 https://hcservices.ecourts.gov.in/hcservices/