Elumalai v. The State Rep By The Inspector Of Police

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 No.12950 of 2022 ELUMALAI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ANANDAPURAM POLICE STATION, VILUPPURAM DISTRICT.

(CRIME NO.114 OF 2022) For Petitioner : M/S.G.SARAVANAN Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 328 of I.P.C r/w. Sections 24(1) & 6(b) of the Cigarette and other Tobacco Products Act, 2003 in Crime No.114 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the owner of car and it is alleged that he has illegally transported 3,500 kgs of bad antecedents i.e., 40 pouches of tobacco worth of Rs.4,00,000/-. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that there are five previous cases pending against the petitioner, which are similar in nature. Apart from the https://hcservices.ecourts.gov.in/hcservices/

present two cases, there are other three cases filed against the petitioner in Crime Nos.139 of 2011, 415 of 2011, 165 of 2021 respectively and hence he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the allegations and also the bad antecedent of the petitioner and that the custodial interrogation of the petitioner is very much required, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is 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, ANANDAPURAM POLICE STATION, VILUPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to G.SARAVANAN Advocate on payment of necessary charges CRL OP.12950/2022 Date :09/06/2022 JPA 16/06/2022 https://hcservices.ecourts.gov.in/hcservices/