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Madras High CourtCRL OP/16344/2022dismissed

Selvakumar v. The State Rep By Its,

2022-07-14Honourable Mr Justice G.K. Ilanthiraiyan3 pages

Crl.O.P.No.16344 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 6 and 20(1) of COTPA Act 2003 r/w 328 of IPC in Crime No. 136 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is alleged to have transported 1 1⁄2 tons of banned Tobacco products illegally in the Eicher vehicle bearing Registration No.TN-25-BL-1847. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the vehicle. A1/driver of the vehicle was already arrested and released on bail. On the confession statement given by A1, the petitioner is implicated in this case. He would further submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner was in illegal possession of 1 1⁄2 tons of banned Tobacco Products worth about Rs.8,00,000/-. He would further submit that there are totally two accused, in which, the petitioner is arrayed as A2 and he is the owner of the vehicle. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the nature of offence committed by the petitioner, the custodial interrogation of the petitioner is very much required in this case and therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. 14.07.2022 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.16344 of 2022 14.07.2022