Madras High CourtCRL OP/23054/2021dismissed

Nazeer v. The State Represented By

2021-12-02Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Second day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23054 of 2021 1 NAZEER [ PETITIONERS / ACCUSED ] 2 HAKKIM Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KUNIAMUTHUR POLICE STATION, COIMBATORE DISTRICT (CRIME NO. 669 OF 2021) For Petitioner : M/S. M.N.BALAKRISHNAN Advocate For Respondent : MR. A.GOKULAKRISHNAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 24(1) of Cigarette and Other Tobacco Products Act, 2003 r/w Section 77 and 78 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.669 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners were found in illegal possession of banned tobacco products in their godown. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners were working under the first accused, a false case has been given. Hence, he prays for grant of anticipatory bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor submitted that the petitioners were found in illegal possession of banned tobacco products in their godown. He further submitted that all the accused are still absconding and the investigation is at initial stage. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the petitioners are involved in a very serious offence and the investigation is at initial stage, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 02/12/2021 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 INSPECTOR OF POLICE, KUNIAMUTHUR POLICE STATION, COIMBATORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.N.BALAKRISHNAN Advocate on payment of necessary charges CRL OP.23054/2021 Date :02/12/2021 RW 21/12/2021 https://hcservices.ecourts.gov.in/hcservices/