Veeramani v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.14164 of 2020 P.Veeramani, M/40 years, S/o. Pallaiyar, 2/250, Bharathiyar Street, Senthamil Nagar, Thiruverkadu, Ayapakkam, Tiruvallur District.

... Petitioner Vs.

State rep. By its The Inspector of Police, M2 Madhavaram Milk colony Police Station, Chennai - 600 051.

(Cr. No.2650 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.2650 of 2020 on the file of the respondent police. For Petitioner : Mr.T.K.Sathiaseelan 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 6 (b), 24 Cigarette and other Tobacco Products Act 2003 and 328 of IPC R/W 7, 9(ii) smoking and spitting act 2003 in Crime No.2650 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant Ramu, Sub Inspector of Police, during the course of vehicle search, the petitioner was driving the car and on seeing the respondent police, he stopped the car and ran way. At the time of search, the respondent found that the petitioner was in possession of 1⁄2 kg of banned tobacco products which were packed in 10468 small packets. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit https://hcservices.ecourts.gov.in/hcservices/

that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner is an habitual offender involved in three previous cases of similar nature. On 22.08.2020, during the time of vehicle search conducted by the the respondent police, the petitioner stopped the car and ran away and he was in possession of 1⁄2 kg of banned tobacco products and hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Taking into consideration the facts and submissions made by the learned counsels and also considering the fact that the petitioner is an habitual offender, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

-sd/- 11/09/2020 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, MADHAVARAM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, M2,MADHAVARAM MILK COLONY POLICE STATION, CHENNAI- 600 051.

CC to M/S T.K.SATHIA SEELAN Advocate on payment of necessary charges CRL OP.14164/2020 Date :11/09/2020 RD 22/09/2020 https://hcservices.ecourts.gov.in/hcservices/