Madras High CourtCRL OP/22274/2021dismissed

Sivakumar v. State Rep By

2021-11-24Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.22274 of 2021 1 SIVAKUMAR [ PETITIONERS / ACCUSED ] 2 RAJESHKANNAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, METTUR POLICE STATION, METTUR, SALEM DISTRICT.

CRIME NO.265 OF 2021.

For Petitioners : M/S.M.SENTHIL KUMAR Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 12.11.2021 for the offences under Sections 20(2) of Cigarette and other Tobacco Products Acts 2003 and Sections 273 and 328 of IPC, in Crime No.265 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.11.2021 at about 8.30 a.m., when the respondent police officials were conducting raid on the Salem to Mettur Road, near M.G.R. Bridge, the petitioners were found in illegal transporting of 104 bundles of banned tobacco products in two two wheelers. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He https://hcservices.ecourts.gov.in/hcservices/

would further submit that the petitioners have been suffering incarceration for about 25 days from 12.11.2021 and hence, he would pray for grant of bail to the petitioners.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioners were found in illegal transportation of 104 bundles of banned tobacco products worth about more than Rs.2 lakhs.

5.On seeing the nature of offence and the quantity of the banned tobacco products, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 24/11/2021 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 INSPECTOR OF POLICE, METTUR POLICE STATION, METTUR, SALEM DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.SENTHIL KUMAR Advocate on payment of necessary charges CRL OP.22274/2021 Date :24/11/2021 JPA 02/12/2021 https://hcservices.ecourts.gov.in/hcservices/