Deepak @ Deeparam v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.15166 of 2020 Deepak @ Deeparam ... Petitioner Vs.

The State rep.by, The Inspector of Police , Salavakkam Police Station, Kancheepuram District.

( Crime No. 1164 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.1164 of 2020 on the file of the respondent police.

For Petitioner : Mr. G. Punniakoti For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 353 and 294(b) of IPC r/w 22(a) COTPA ACT, 2003 in Crime No.1164 of 2020, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the respondent police received information from the defacto complainant that the petitioner along with some other persons were in possession of Banned Tobacco Products. Therefore, they went to the place of occurrence and found that the petitioner was in possession of Banned Tobacco Products. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is a innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor would submit that the petitioner was in possession of Banned Tobacco Products. He would further submit that one previous case is registered against the petitioner in F.I.R. No. 1548 of 2020 in Uthiramerur police station and the same is pending. Hence, he vehemently opposed for grant of Anticipatory bail to the petitioner. 5.Taking into consideration of the facts and circumstances of the case and the above submission so made by the Additional Public Prosecutor that the petitioner has one previous case to his credit, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed.

-sd/- 25/09/2020 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 DISTRICT CUM JUDICIAL MAGISTRATE, UTHIRAMERUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, SALAVAKKAM POLICE STATION, KANCHEEPURAM DIST.

CC to M/S.G.PUNNIAKOTI Advocate on payment of necessary charges CRL OP.15166/2020 Date :25/09/2020 MK:06/10/2020 https://hcservices.ecourts.gov.in/hcservices/