Srinivasan v. Home, Prohibition And Excise Department

Crl.O.P.No.13500 of 2024 Crl.O.P.No.13500 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 26.04.2024 for the offences under Sections 328 of IPC r/w 24(1) of COTPA Act 2003 in Cr.No.246 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant one Kumar, the Sub Inspector of Police in the respondent police lodged a complaint against the petitioner and other alleging that as the petitioner found in possession of 1 1⁄2 Kgs of banned tobacco products, while he is coming in a two wheeler belongs to accused No.2. Hence the complaint.

3.The learned counsel for the petitioner submitted that he is an innocent and a law abiding citizens. He is not at all involved in any of the offences alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that initially the respondent police seized 1 1⁄2 Kgs of 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.13500 of 2024 banned tobacco products from his vehicle. Thereafter, the respondent police T.V.THAMILSELVI, J.

ah seized 104 Kgs from the house of petitioner's father-in-law. He further submitted that except the present case, the petitioner is involved in three similar cases. Investigation is not yet completed and hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the entire materials available on record.

6.Taking into consideration of the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and on seeing the quantity involved and also taking note of the fact that the case is at initial stage and it needs detailed investigation. Hence, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed. 10.06.2024 ah Crl.O.P.No.13500 of 2024 2/2 https://www.mhc.tn.gov.in/judis