D.Chatararam v. State Rep By

Crl.O.P.No.21961 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely D.Chatararam, who was arrested and remanded to judicial custody on 06.08.2023 for the offences punishable under Sections 7(5), 20(2) of Cigarette and other Tobacco Products Acts, 2003 and Section 328 of IPC in Crime No.370 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in this case. Petitioner is in Judicial Custody from 06.08.2023. Thus, he seeks bail to the petitioner.

3. The learned Additional Public Prosecutor submitted that, on 05.08.2023 at about 04.00.a.m., when the defacto complainant and his party conducted vehicle search near Vaniyambadi to Krishnagiri National Highways near Athurkuppam opposite to Indian Oil Petrol Bank, they found 120 kgs of banned tobacco products in a car bearing Reg.No. TN 02 AV 6540 along with a sum of Rs.5,90,000/-, which was obtained from selling the tobacco products. He further submitted that, 1/3

apart from this case, there are four previous cases pending against the petitioner.

4. Considered the submissions and perused the records.

5. This is the second bail petition filed by the petitioner. Earlier bail petition was dismissed by this Court in Crl.O.P.No.19759 of 2023 on 04.09.2023, for the reason that, petitioner is a habitual offender and there are four previous cases pending against him. Investigation was also not completed. Since there is no change of circumstances for reconsidering the bail petition filed by the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 25.09.2023 gd G.CHANDRASEKHARAN,J.

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