F.Ramesh v. State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was arrested and remanded to judicial custody on 31.08.2022 for the offences punishable under Section 328 of IPC r/w Section 6(a) of Cigarette and other Tobacco Products Act, 2003, in Crime No.209 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 31.08.2022, while the respondent Police and his team were on routine rounds, the petitioner and the other accused were found in possession of banned tobacco products namely, 110 maava packets, 20 packets of RMD Pan masala, 30 packets of Hans tobacco and 5 packets of Cool lip tobacco. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is no way connected to the said offence and that his name has been falsely implicated in this case only in order to harass him. Hence, he prays for grant of bail to the petitioner. 1/4

4. Per contra, the learned Government Advocate (Crl.Side) would submit that this Court taking into consideration that the petitioner has got 4 previous cases of similar nature as against the petitioner, had dismissed the application for bail very recently on 14.09.2022. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Heard both the learned Counsel and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel and that the petitioner has got 4 previous cases of similar nature as against him and also the fact that very recently on 14.09.2022, this Court had dismissed the application for bail and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

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7. Accordingly, this Criminal Original Petition stands dismissed for the present.

27.09.2022 rgi 3/4

A.D.JAGADISH CHANDIRA , J.

rgi 27.09.2022 4/4