Kumaragurubaran v. The State Of Tamilnadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Second day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.25316 of 2021 KUMARAGURUBARAN [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMILNADU REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERUR POLICE STATION, COIMBATORE.

CRIME NO.426 OF 2021.

For Petitioner : M/S.R.C.PAULKANAGARAJ 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 petitioner who was arrested and remanded to judicial custody on 08.12.2021 for the offences under Sections 24(1) of Cigarette and other Tobacco Products Act 2003 read with Section 328 of IPC and 4(1) (a) of Tamil Nadu Prohibition Act, in Crime No.426 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of banned Tobacco and Liquor bottles. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and he been suffering incarceration for more than 14 days from 08.12.2021. Hence he would pray for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) raised strong objection that the petitioner was found in possession of 2 bundles of banned tobacco products and thereafter, based on his confession, huge quantity of banned tobacco products were recovered from his residence. He would further submit that the petitioner was arrested very recently and that the investigation has not been completed.

5. On seeing the nature of allegation in the FIR and the quantity of tobacco products and that investigation has not been completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 22/12/2021 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, PERUR POLICE STATION, COIMBATORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE OFFICER INCHARGE SUB JAIL, PERUNDHURAI.

+1 CC to M/S.R.C.PAULKANAGARAJ Advocate on payment of necessary charges SR.NO.15301 CRL OP.25316/2021 Date :22/12/2021 TA-04/01/2022 https://hcservices.ecourts.gov.in/hcservices/