Madras High CourtCRL OP/25883/2021dismissed

Selvam v. Station House Officer

2021-12-29Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL ORIGINAL PETITION No.25883 of 2021 SELVAM [ PETITIONER / ACCUSED ] Vs THE STATION HOUSE OFFICER, [ RESPONDENT ] THITTAKUDI POLICE STATION, CUDDALORE DISTIRCT.

CR.NO. 488/2021.

For Petitioner : M/S. M.VELMURUGAN Advocate For Respondent : MR. S.SUGENDRAN, 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 13.12.2021 for the offences under Sections 273, 328 IPC, read with Section 24(1) of Cigarette and Other Tobacco Products Act 2003, in Crime No.488 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 13.12.2021, the petitioner was found in possession of banned tobacco product viz., Hans chaap worth about Rs.12,000/- in his shop. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and that the petitioner has been suffering incarceration for more than 15 days from 13.12.2021 and would pray for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner was earlier convicted for same nature of offence.

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5. Heard the learned Counsel for the petitioner and learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials on record.

6. On seeing the nature of offence and the antecedent of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 29/12/2021 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 STATION HOUSE OFFICER, THITTAKUDI POLICE STATION, CUDDALORE DISTIRCT.

2 THE OFFICER INCHARGE, DISTRICT JAIL,VILLUPURAM.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S. M.VELMURUGAN Advocate on payment of necessary charges CRL OP.25883/2021 Date :29/12/2021 INBA▬04/01/2022 https://hcservices.ecourts.gov.in/hcservices/