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Madras High CourtCRL OP/23544/2021dismissed

Packirisamy v. The State Rep. By,

2021-12-07Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventh day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23544 of 2021 PACKIRISAMY [ PETITIONER / ACCUSED ] Vs THE STATE REP. BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, NAGORE POLICE STATION, NAGAPATTINAM DISTRICT.

CRIME NO 887/2021 For Petitioner : M/S. D.S.RAJASEKARAN Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 03.11.2021 for the offence punishable under Sections 328 of IPC and Section 7 and Section 24 (1) of Cegarette and Other Tobacco Products Act, in crime No. 887 of 2021, on the file of the respondent police, seeks bail.

2. This is the second bail application filed before this Court. The case of the prosecution is based on secret information, the respondent police conducted a search at the place of the accused was found 1121 kgs. of contraband tobacco products. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has falsely implicated in this case. Hence he prays for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) submitted that earlier bail application was dismissed by this Court in Crl.O.P.No.21945 of 2021 dated 23.11.2021. He further submitted that there is a commercial quantity. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts and circumstances of the case, that investigation is at initial stage and also the fact that there is a commercial quantity and considering the gravity of offence, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/12/2021 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 SUPERINTENDENT, CENTRAL PRISON, NAGAPATTINAM.

2 THE INSPECTOR OF POLICE, NAGORE POLICE STATION, NAGAPATTINAM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. E.SOUNDARRAJAN Advocate on payment of necessary charges SR.NO.14175 CRL OP.23544/2021 Date :07/12/2021 RW 10/12/2021 https://hcservices.ecourts.gov.in/hcservices/