Muthuraj v. The State Rep By
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 13.06.2024 for the alleged offence under Sections 273, 328 of I.P.C. and 7 r/w 20(2) of COTPA Act, 2003 and 77 of JJ Act in Crime No.175 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 13.06.2024, based on a secret information about selling of banned tobacco products, when the respondent police intercepted the petitioner's shop and on search, they found that the petitioner was in possession of 725 kgs. of hans for the purpose of selling the same illegally without any valid license and the same was seized by them. Hence, the complaint was registered against the petitioner.
3. The learned counsel appearing for petitioner would submit that he has not at all committed any offence as alleged in the complaint and he is no way connected with the alleged offence. He would submit that investigation is almost completed and he is ready to comply with the condition imposed by this court. He would also submit that the petitioner has been suffering incarceration for 19 days from 13.06.2024. Hence, he prays to grant bail to
the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally six accused involved in this case and the petitioner is ranked as A4. He along with other accused have involved in selling banned tobacco products. He would submit that if he is released on bail, he would hamper investigation and tamper the witnesses. Hence, he vehemently opposed to grant bail to the petitioner.
5. On considering the above facts and circumstances and also on seeing the conduct of petitioner in selling 725 kgs. of hans and the fact that the investigation is not yet completed and at this stage, if he is released on bail, there is possibility of tampering evidence and hampering investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
02.07.2024 rpp T.V.THAMILSELVI, J.
rpp 02.07.2024