Joseph v. The State Rep By
Crl.O.P.No.15211 of 2024 T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 11.04.2024 in Crime No.241 of 2024, for the offences punishable under Sections 328 of IPC & 24(1) of Cigarette and Other Tobacco Products Acts, 2003 1985, seeks bail.
2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, as if he along with other accused was found in illegal possession of 385 kgs of banned tobacco products. He further submitted that the petitioner is suffering incarceration from 11.04.2024 and he is ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.
3. Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that there are totally fourth accused in this case and the petitioner is ranked as A4. He further submitted that the petitioner along with other accused was found in illegal possession of 385 kgs of banned tobacco products, which is a huge quantity. He further submitted that the T.V.THAMILSELVI, J.
https://www.mhc.tn.gov.in/judis
drl petitioner has five previous cases pending against him. He further submitted that the investigation is still pending. Therefore, at this stage, if the petitioner is released on bail, there is a possibilities of absconding and also the tampering of evidences and threaten the witnesses, and would create hardship to proceed the investigation of this case. Hence, he prayed for dismissal of the bail petition.
4. Taking into consideration the facts and circumstances of the case and the submission made by the learned counsel on either side and also considering the fact that the contraband seized from the petitioner, which is a huge quantity, this Court is not inclined to grant bail to the petitioner.
5. Accordingly, this Criminal Original Petition stands dismissed.
28.06.2024 drl Crl.O.P.No.15211 of 2024 https://www.mhc.tn.gov.in/judis