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Madras High CourtCRL OP/18102/2024dismissed

Selvaraj v. The State Rep. By

2024-07-31Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J., The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 273, 328 of IPC and Section 7(1) and 20(2) of Cigarette & other Tobacco Product Act 2003 in Crime No.180 of 2024, on the file of the first respondent, seek anticipatory bail.

2. The case of the prosecution is that based on the secrete information, on 07.05.2024 the respondent police found illegal possession of banned tobacco products from the petitioner's rental house. The petitioner was in illegal possession of 569.400Kg of the Hans, 135.550 Kgs of Vimal Pan Masala, 30Kg of VI Tobacco, 9 Kg of Cool lip, the Total quantity of the said products is 743.95 Kg. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is the tenant and the owner of the property is one Poornima, she is regularly placed some materials in front of his house. As a tenant the

petitioner is not aware about the tobacco products. The petitioner is an innocent person and he had not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent raised objection and stating that totally 743.95Kgs of tobacco products were illegally found in possession of the petitioner's house. This petitioner already filed one anticipatory bail petition before this Court and the same was dismissed by this Court on 25.06.2024. The petitioner filed this present petition only to escape from the clutches of law and drag on the investigation proceedings. Hence, he raised strong objection.

5. Heard the learned counsel for the petitioner and also the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Considering the facts and circumstances of the case and the submissions made by the counsels and on considering the gravity of offence, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 31.07.2024 gvn

T.V.THAMILSELVI, J., gvn 31.07.2024