Suresh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13567 of 2021 SURESH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE DEPUTY COMMISSIONER, SPECIAL INTELLIGENCE AND INVESTIGATION BRANCH, CUSTOMS HOUSE, CHENNAI-600 001 For Petitioner : M/S. K.PRABHAKARAN Advocate For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 135 of Customs Act in F.No.S..Misc.91 of 2021-SIIB, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the vehicle bearing Regn.No.TN-04-AC-5025 was found to be parked near Cargo CFS carrying goods with forged check list for exporting the same. When the officials examining the petitioner, it came to know that he was found in illegal possession of 1176 kgs of wooden logs which appeared to be red sanders. Hence the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that the petitioner is a habitual offender. He further submits that there are four previous cases pending against the petitioner and this is the petitioner's third bail application and his previous application was dismissed by this Court on 24.06.2021 in Crl.OP.No.10134 of 2021. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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5. Taking into consideration the facts and circumstances of the case and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly this Criminal Original petition is dismissed. -sd/- 05/08/2021 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 DEPUTY COMMISSIONER, SPECIAL INTELLIGENCE AND INVESTIGATION BRANCH, CUSTOMS HOUSE, CHENNAI-600 001 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. K.PRABHAKARAN Advocate on payment of necessary charges CRL OP.13567/2021 Date :05/08/2021 INBA 13/08/2021 https://hcservices.ecourts.gov.in/hcservices/