Madras High CourtCRL OP/25817/2021dismissed

Manikandan v. The State Represented By

2022-01-03Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Third day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.25817 of 2021 1 MANIKANDAN [ PETITIONERS / ACCUSED ] 2 UMARAM Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MALLUR POLICE STATION, SALEM DISTRICT.

CRIME NO.447 OF 2021.

For Petitioners : M/S.S.V.KARTHIKEYAN 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 05.12.2021 for the offence under Section 328 of IPC and Section 7 and 20(1) of Cigarette and other Tobacco Product Act 2003, in Crime No.447 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that respondent police was on regular vehicle check up, they found that the petitioners were in illegal possession of 870 packets of banned Tobacco products worth about Rs.82,080. Hence the complaint.

3. The learned counsel for the petitioner would submit that they have been falsely implicated in this case and they were no way connected in this case and they have been suffering incarceration for more than 20 days from 05.12.2021. He would pray for grant of bail to the petitioners.

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4. The learned Government Advocate (Crl. Side) raised objection stating that petitioners along with other persons had illegally transported the contraband Tobacco Products. He further submitted that the second accused/second petitioner is still absconding who belongs to North India. Hence, he vehemently opposed to grant bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that second petitioner is still absconding and if the petitioners are released on bail, it will be possible to tamper the investigation and the witnesses and the investigation is still pending which needs detailed investigation, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/01/2022 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, MALLUR POLICE STATION, SALEM DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.V.KARTHIKEYAN Advocate on payment of necessary charges CRL OP.25817/2021 Date :03/01/2022 JPA 07/01/2022 https://hcservices.ecourts.gov.in/hcservices/