Madras High CourtCRL OP/24285/2021dismissed

Elango v. State Rep By

2021-12-14Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24285 of 2021 ELANGO [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE SUB-INSPECTOR OF POLICE, SANKARI POLICE STATION, SANKARI, SALEM DISTRICT.

(CRIME NO. 326 OF 2021) For Petitioner : M/S.V.R.ANNAGANDHI Advocate For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 273, 328 of IPC r/w Section 7(1), 20(2) of Cigarette and Other Tobacco Products Act 2003 in Crime No.326 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 02.08.2021 the respondent police in vehicle check up near Kuppanur to Edapadi Road Privu, when they intercepted Eicher vehicle and seized 1. Hans 12 bags, 2. Cool Lips 2 bags, 3. 15 bags Pan masala of 300 kg and total 711 kgs worth about Rs.7 Lakhs of banned tobacco materials transported by the driver of the vehicle. Hence the complaint.

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

4. The learned Government Advocate (Crl.Side) submitted that the driver of the vehicle was already arrested and the tobacco contraband products was carried in the lorry which is near about Rs.7 Lakhs. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of this case, on seeing the huge quantity of the tobacco products, this Court is not inclined to grant anticipatory bail to the petitioner. 6.

Accordingly, this Criminal Original Petition is dismissed.

-sd/- 14/12/2021 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 SUB-INSPECTOR OF POLICE, SANKARI POLICE STATION, SANKARI, SALEM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.V.R.ANNAGANDHI Advocate on payment of necessary charges CRL OP.24285/2021 Date :14/12/2021 RVR 20/12/2021 https://hcservices.ecourts.gov.in/hcservices/