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Madras High CourtCRL OP/20316/2022dismissed

M.Thanesh v. The State Rep By Its,

2022-08-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.OP.No.20316 of 2022 Crl.O.P.No.20316 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehend arrest for the alleged offence under Sections 328 IPC and Section 7(1) r/w Section 20(1) of Cigarette and other Tobacco Products Act 2003 in Crime No.177 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. There are totally three accused in this case, in which the petitioner is arrayed as A3. The case of the prosecution is that on 03.06.2022, the petitioner along with other accused were found in illegal possession of 1200 Kgs of banned tobacco products worth about Rs.6,60,000/-. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and only based on the confession statement of A1, the petitioner has been falsely implicated in this case. He would further submit that A1 and A2 are the drivers of the vehicle and the petitioner G.K.ILANTHIRAIYAN, J.

https://www.mhc.tn.gov.in/judis

Crl.OP.No.20316 of 2022 Anu herein is the owner of the vehicle. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner and other accused were found in possession of 1200 Kgs of banned tobacco products worth about Rs.6,60,000/-. He further submitted that the petitioner is the owner of the vehicle and owner of the contraband. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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5. Considering the huge quantity of banned tobacco products possessed by the petitioner, this Court finds that the custodial interrogation of the petitioner is very much required. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 26.08.2022 Anu Crl.O.P.No.20316 of 2022 https://www.mhc.tn.gov.in/judis