Madras High CourtCRL OP/24088/2021dismissed

Riyas @ Ahamed Abdul Hameed Sahib v. State Rep By

2021-12-10Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Tenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24088 of 2021 1 RIYAS @ AHAMED ABDUL HAMEED [ PETITIONERS / ACCUSED ] 2 ABDUL AJEES Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NAGORE POLICE STATION, NAGAPATTINAM DISTRICT.

(CRIME NO.887/2021) For Petitioner : M/S.D.REVATHI KARTHICK 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 02.11.2021 for the offence under Sections 328 of IPC and Section 7 and 24(1) of Cigarette and other Tobacco Products Act, in Crime No.887 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 02.11.2021 the petitioners and other accused persons have stocked in their possession of 1121 kgs of tobacco products. Hence the complaint.

3. The learned counsel for the petitioners would submit that they have been falsely implicated in this case and that they have been suffering incarceration for more than 40 days from 02.11.2021. He further submitted that earlier petition filed by them was dismissed on 25.11.2021 in Crl.O.P.No.22312 of 2021. He would pray for grant of bail to the petitioners.

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4. The learned Government Advocate (Crl. Side) raised objection stating that the petitioners have in possession of 1121 kgs of tobacco products. He further submitted that, if they will be released on bail, they will abscond and it would cause hindrance to the investigation. Hence, he vehemently opposed to grant bail to the petitioners.

5. Considering the above fact that the huge quantity of the contraband articles were seized and that the nature of allegations against the petitioners and also taking note of the fact that the investigation is at initial stage, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 10/12/2021 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, NAGORE POLICE STATION, NAGAPATTINAM DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, NAGOOR, NAGAPATTINAM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2CC to M/S.D.REVATHI KARTHICK Advocate on payment of necessary charges SR.NO.14647 CRL OP.24088/2021 Date :10/12/2021 CSK 16/12/2021 https://hcservices.ecourts.gov.in/hcservices/