Madras High CourtCRL OP/26088/2021dismissed

Kuppusamy v. The State Rep By

2022-01-04Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.26088 of 2021 1.KUPPUSAMY [PETITIONERS/ACCUSED NO.1&2] 2.V.KUBENDRAN Vs STATE REP.BY [RESPONDENT/COMPLAINANT] THE RESPECTOR OF POLICE, SIPCOT POLICE STATION, KRISHNAGIRI DISTRICT.

(CRIME NO.491 0F 2021) For Petitioner : M/S.J.PRADEEP 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 28.11.2021 for the offence under Section 328 of IPC, r/w. 7 and 20(i) of COTPA Act 2003, in Crime No.491 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that when the respondent police officials on their regular patrol duty found that the petitioner have been illegally transporting 212 KGs of banned tobacco products worth about Rs.1,22,000/- without any valid documents. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and that the petitioners have been suffering incarceration for about 35 days from 28.11.2021. Hence, he would pray for grant of bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4.The learned government Advocate (Crl. Side) would raise strong objection stating that the petitioners are illegally transporting 212 KGs of banned tobacco products worth about Rs.1,22,000/- without any valid documents.

5. On seeing the gravity of the offence committed by the petitioners and the value of the banned tobacco products, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 04/01/2022 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, SIPCOT POLICE STATION, KRISHNAGIRI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL JAIL, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.PRADEEP Advocate on payment of necessary charges CRL OP.26088/2021 Date :04/01/2022 CSK 20/01/2022 https://hcservices.ecourts.gov.in/hcservices/