V.Saravanakumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Third day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.25277 of 2021 V.SARAVANAKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, SAIBABA COLONY POLICE STATION, COIMBATORE CITY.

CRIME NO.750/2021.

For Petitioner : M/S. M. MARUDHACHALAM Advocate For Respondent : MR.N.S.SUGANTHAN, Government 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) of COTPA Act in Cr.No.750 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 02.12.2021, respondent police was on regular patrol duty, found four persons transferred the white bags from Mahindra Minin Truck bearing registration No TN 38 CL 3304 to a Activa Two wheeler, and on seeing the respondent, they were tried to ran away from that place, among the four, respondent police caught the three persons and one person escaped from that place, further the respondent police searched the white bag and they found 185 Kgs of banned Tobacco Products, which is worth about Rs.2,00,000/-.Hence, the law enforcing agency registered a case against the petitioner.

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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 prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that the property was recovered from the Godown ran by the petitioner and 185 Kgs of banned tobacco products were seized. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the submissions made by the learned Government Advocate that though the property has been recovered, being a huge quantity of banned tobacco products, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition seeking anticipatory bail is dismissed.

-sd/- 23/12/2021 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, SAIBABA COLONY POLICE STATION, COIMBATORE CITY.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M. MARUDHACHALAM Advocate on payment of necessary charges CRL OP.25277/2021 Date :23/12/2021 RW 05/01/2022 https://hcservices.ecourts.gov.in/hcservices/