Jinnah v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.18621 of 2020 Jinnah ... Petitioner

Versus

State Rep.by The Inspector of Police, R-8, Vadapalani Police Station, Chennai.

... Respondent (Crime No.423 of 2020) Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge petitioner on bail in the event of his arrest in connection with Crime No.423 of 2020 on the file of the respondent police. For Petitioner : Mr.C.Prabakaran For Respondent : Mr. M. Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest for the alleged offence under Section 6(a) and 24(1) of Cigarette and other Tobacco Products Act, 2003, r/w Section 328 of IPC., in Crime No.423 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on secret information, the respondent/Police conducted raid at Vadapalani and Saligramam shops. The petitioner is running a grocery store in the name and style of "Amir Store", where the respondent/Police found that the petitioner was in possession of 180 kilograms Tobacco products for sale. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Further, he submitted the co-accused A1 and A2 were arrested and released on bail. Hence, he prays for grant of anticipatory bail to the petitioner.

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4.The learned Additional Public Prosecutor submitted that the petitioner was found in illegal possession of 180 kilograms of banned tobacco products. He would further submit that there is no previous case pending against the petitioner. However, he vehemently opposed granting of anticipatory bail to the petitioner. 5.Considering the nature of offence, this Court is not inclined to extend the benefit of anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/12/2020 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 METROPOLITAN MAGISTRATE NO.XVII, SAIDAPET.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE R-8 VADAPALANI POLICE STATION, CHENNAI.

CC to M/S.C.PRABAKARAN Advocate on payment of necessary charges CRL OP.18621/2020 Date :08/12/2020 cs 17/12/2020 https://hcservices.ecourts.gov.in/hcservices/