Karanadi Murugan v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.13713 of 2020 Karanadi Murugan ...

Petitioner/A4 Vs.

State rep. by Inspector of Police, T-7, Avadi tank factory Police Station, Avadi, Chennai.

(Crime No.466 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.466 of 2020 on the file of the respondent police. For Petitioner : M/s.K.Gajendiran For Respondent : Mr.M.Mohammad Riyaz Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 328 r/w 24(1) of Tobacco Act in Crime No.466 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in possession of 13000 kgs of banned tobacco products. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner was working in the godown as a daily wage worker and moreover he is an innocent person and he has not involved in any of the offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is the main accused and he is an habitual offender. During the time of search, the petitioner was found in possession of 13088 kgs of banned tobacco products. He further submitted that the petitioner is having five previous cases in similar nature, i.e., Crime Nos i)82 of 2018 registered by Redhills Police Station; 2) 552 of 2018 registered by Kaverpettai Police Station; 3) 445 of 2018 registered by Cholavaram https://hcservices.ecourts.gov.in/hcservices/

Police Station; 4) 187 of 2019 registered by Cholavaram Police Station and 5) 77 of 2019 registered by Cholavaram Police Station. He further submits that taking into consideration the magnitude of the case, the case has been entrusted to the Assistant Commissioner of Police, Chennai for further investigation. Hence, he vehemently oppose the grant of anticipatory bail to the petitioner. 5.Taking into consideration the above facts and circumstances of the case and also considering the previous antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

-sd/- 04/09/2020 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 JUDICIAL MAGISTRATE, AMBATTUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, T-7,AVADI TANK FACTORY POLICE STATION, AVADI,CHENNAI.

THE ASSISTANT COMMISSIONER OF POLICE, CHENNAI.

CC to M/S.K.GAJENDIRAN Advocate on payment of necessary charges CRL OP.13713/2020 Date :04/09/2020 RVR 23/09/2020 https://hcservices.ecourts.gov.in/hcservices/