M.Devaraj v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.12.2020

CORAM

THE HONOURABLE MR. JUSTICE G. CHANDRASEKHARAN Crl.O.P.No.20976 of 2020 M.Devaraj ... Petitioner

Versus

State rep.by ... Respondent The Station House Officer, Olakkur Police Station, Olakkur, Villupuram District.

(Crime No.1466 of 2020) Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail, in the event of his arrest in connection with Crime No.1466 of 2020 on the file of the respondent police.

For Petitioner : Mr.G.Tamilselvan For Respondent : Mr. M. Mohamed Muzammil, Government Advocate (Crl.side)

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 273, 328 of IPC, r/w Section 24(1) of Cigarette and Other Tobacco Products Act, 2003, in Crime No.1466 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. Heard the submissions made by the learned counsel for the petitioner and learned Government Advocate (Crl.side) appearing for the respondent/police.

3.It is seen from the submissions of the counsel for both sides that the petitioner alleged to have in possession of 540 pouches of Hans, 144 pouches of Filter Tobacco, 240 pouches of Pan masala, 270 pouches of VI-Tobacco. Hence, a complaint was registered by the respondent/police against the petitioner. 4.It is reported by the learned Government Advocate (Crl.side) appearing for the respondent/police that the petitioner had committed similar offence earlier and he was released on 03.09.2020. Immediately, thereafter, he has committed the same https://hcservices.ecourts.gov.in/hcservices/

offence. Hence, he would vehemently oppose granting anticipatory bail to the petitioner.

5.Considering the nature of the repeat offence alleged against the petitioner and facts and circumstances of the case, and the fact that the petitioner is said to have been in possession of banned substances with a view to sell it to the public which may cause health and other hazards, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 30/12/2020 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 JUDICIAL MAGISTRATE, NO.I, TINDIVANAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE STATION HOUSE OFFICER, OLAKKUR POLICE STATION, OLAKKUR, VILLUPURAM DISTRICT.

CC to M/S.G.TAMILSELVAN Advocate on payment of necessary charges CRL OP.20976/2020 Date :30/12/2020 TA-01/02/2021 https://hcservices.ecourts.gov.in/hcservices/