Madras High CourtCRL OP/17016/2020dismissed

P.Muthulingam v. The State Rep By

2020-11-04Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.17016 of 2020 P. Muthulingam ... Petitioner Vs.

The State rep.by, The Inspector of Police , Thiruvalam Police Station, Vellore District.

Crime No.141 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.141 of 2020 on the file of the respondent police.

For Petitioner : Mr. D. Arun For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections (7(5), 20(2) under the Cigarettee and other TOBACCO products Act, 2003 r/w 328 of IPC in Crime No.141 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution as per the defacto complainant is that the petitioner was in possession of 700 Kgs of banned Toabacco products. Hence, the complaint.

3. The learned Counsel for the petitioner would submit 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 there are previous cases pending against the petitioner out of which 2 cases are similar in nature. He would further submit this is the 3rd Anticipatory Bail Application and the earlier two petitions were dismissed by this Court. Hence, he vehemently opposed for grant of Anticipatory bail to the petitioner.

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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 6 previous cases to his credit, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed.

-sd/- 04/11/2020 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.I, KATPADI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, THIRUVALAM POLICE STATION, VELLORE DISTRICT CC to M/S. R.KANNAN Advocate on payment of necessary charges CRL OP.17016/2020 Date :04/11/2020 MK:19/11/2020 https://hcservices.ecourts.gov.in/hcservices/