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Madras High CourtCRL OP/15310/2024dismissed

Muthukumar v. State Rep. By

2024-07-01Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.15310 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 24.05.2024, seeking bail in Crime No.120 of 2024 registered for the offence under Section 328 of IPC and Section 24(1) of Cigarettes and other Tobacco Products Act, 2003.

2. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and a false case has been foisted against them. He further submitted that this is the second application for bail filed by the petitioners and the earlier bail application was dismissed by this Court in Crl.O.P.No.13271 of 2024 on 07.06.2024. He also submitted that the petitioners are only the staff working under A1 and the first accused has been detained under Act 14. He further submitted that the petitioners, who are no way connected with the alleged offence have been suffering incarceration from 24.05.2024 and they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioners.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police objected for granting bail stating that the petitioners/A3 & A4 along with two other accused were found to be in illegal possession of 2560 kilograms of banned tobacco products.

https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI,J.

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4. He further submitted that this is the second bail application of the petitioners and the earlier bail application was dismissed only on 07.06.2024 and there is no change in circumstances. If the petitioners are released on bail at this stage, they may abscond and not available for further investigation.

5. Taking into consideration the facts and the submissions made by the learned Government Advocate (Crl.Side) that there is no change in circumstances and also considering the quantity of the contraband recovered, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, the Criminal Original Petition stands dismissed. 01.07.2024 ham Crl.O.P.No.15310 of 2024 https://www.mhc.tn.gov.in/judis