Madras High CourtCRL OP/14941/2021dismissed

P.Prakash v. State Rep By

2021-08-19Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14941 of 2021 P.PRAKASH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THAMMAMPATTI POLICE STATION, GANGAVALLI, SALEM DISTRICT.

(CRIME NO. 176 OF 2021) For Petitioner : M/S.J.SUBBAIAH Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 24.07.2021 and remanded to judicial custody for the alleged offences punishable under Sections 273, 328 IPC and Section 7(1) and 20(2) Cigarette and Other Tobacco Product Act, 2003, in Crime No.176 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 1,455 Kgs of banned tobacco products. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences and he has been falsely implicated in this case. He further submits that the petitioner has been in jail from 24.07.2021. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that there are four previous cases pending as against the petitioner and he is a habitual offender. Hence, he vehemently opposed for grant of bail to the petitioner.

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5. Considering the facts and circumstances of the case and also the fact that there are four previous cases pending as against the petitioner and he is a habitual offender, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 19/08/2021 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 INSPECTOR OF POLICE, THAMMAMPATTI POLICE STATION, GANGAVALLI, SALEM DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.J.SUBBAIAH Advocate on payment of necessary charges SR.NO.8994 CRL OP.14941/2021 Date :19/08/2021 CSK 20/09/2021 https://hcservices.ecourts.gov.in/hcservices/