Mahalakshmi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15746 of 2020 Mahalakshmi ... Petitioner Vs.

The State Represented by,

...Respondent

The Station House Officer, Thiruppapuliyur Police Staion, Cuddalore District.

Crime No.1314 /2020.

Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest concerned in Crime No.1314 of 2020 on the file of the respondent police.

For Petitioner : Mr.S.Sivakumar For Respondent : Mr. M. Mohamed Riyaz, Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the offences publishable under Sections 273, 328 of IPC and r/w Under Section 24(1) of the Cigarette and other Tabacco Products Acts 2003 in Crime No.1314 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were selling banned tobacco products illegally without any valid license or permit. Hence, the complaint.

3. The learned Counsel for the petitioners submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. 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 along with other accused were found to sell huge quantity of banned tobacco products. The worth of the product is more than Rs.1,21,12,740/-. He would further submit that the petitioner is the owner of the shop and the products. Taking into huge quantity of haul, the source of the tobacco products have to be find out, thereby the custodial interrogation of the petitioner is essential and he would opposed for grant of anticipatory bail.

5. Taking into consideration the quantity of tobacco worth about Rs.1,21,12,740/- have been seized by the respondent and the source of the product has to be established and the custodial interrogation of the petitioner is essential. This Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 07/10/2020 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, NO.III, CUDDALORE.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE STATION HOUSE OFFICER, THIRUPPAPULIYUR POLICE STATION, CUDDALORE DISTRICT.

CC to M/S.S.SIVAKUMAR Advocate on payment of necessary charges CRL OP.15746/2020 Date :07/10/2020 TA-22/10/2020 https://hcservices.ecourts.gov.in/hcservices/