Madras High CourtCRL OP/18208/2020dismissed

Chinnasamy v. State Rep By

2020-11-19Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.18208 of 2020 Chinnasamy ... Petitioner Vs.

The State represented by, ... Respondent The Inspector of Police, Mangalam Police Station, Tiruppur District.

(Crime No.1437/2020) Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.1437 of 2020 on the file of the respondent. For Petitioner : Mr.C.Mohanraj For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 273, 328 of IPC r/w. Sections 7 (1), 20 (2) of Cigarette and other Tobacco Products Act, 2003 in Crime No.1437 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused were found in possession of 3690 Kg of Tobacco products. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that he has been falsely implicated in this case based on the confession of the arrested accused. Hence, he prayed for grant of anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor would submit that the petitioner was illegally found in possession of 3690 Kg of Tobacco Products and there are no previous cases as against the petitioner. He would further submit that the A1 to A4 are still in custody and the investigation is also pending. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the arrested accused are still in custody and the investigation is at initial stage, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 19/11/2020 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 INSPECTOR OF POLICE, MANGALAM POLICE STATION, TIRUPPUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.MOHANRAJ Advocate on payment of necessary charges CRL OP.18208/2020 Date :19/11/2020 TA-02/12/2020 https://hcservices.ecourts.gov.in/hcservices/