Madras High CourtCRL OP/21639/2022dismissed

Mr.Mujaser @ Puthagir v. State Inspector Of Police

2022-09-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.OP.No.21639 of 2022 Crl.O.P.No.21639 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 7, 20(1) of Cigarette and other Tobacco Products Act, 2003, Sections 52 and 59 of Food Safety and Standards Act, 2006 and Section 328 of IPC, in Crime No.128 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused were found in possession of 463 Kgs of banned Tobacco products worth of Rs.26,81,832/-. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.side) appearing for the respondent submits that there are totally 20 accused in which the petitioners are arrayed as A17, A18 and A20. The petitioners along with other accused were in possession of 463 Kgs of banned Tobacco products worth of https://www.mhc.tn.gov.in/judis

Crl.OP.No.21639 of 2022 G.K.ILANTHIRAIYAN, J.

mpl Rs.26,81,832/-. Only one of the accused was arrested and remanded to judicial custody. He would further submit that the petitioners had earlier filed bail petition in Crl.O.P.No.17013 of 2022, wherein this Court by an order dated 21.07.2022 dismissed the petition. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case and the bad antecedents of the petitioners, the custodial interrogation of the petitioners is very much required in this case and further this is the second anticipatory bail petition of the petitioners and there is no change in circumstances, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. 08.09.2022 mpl Crl.O.P.No.21639 of 2022 https://www.mhc.tn.gov.in/judis