Muniappan v. The State Rep By

Crl.O.P.No.27843 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 7 r/w 20(1) of Cigarette and other Tobacco Products Act, 2003, and Section 328 IPC, in Crime No.150 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons were found in possession of 9,092 Kgs of banned tobacco products worth about Rs.52,03,978/-. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has nothing to do with the alleged offence. He further submitted that based on the confession statement of the co-accused, the petitioner has been implicated as an accused. He further submitted that the petitioner is the owner of the vehicle and A1 to A3 were already arrested and released on bail. Hence, he prays to grant of anticipatory bail to the petitioner.

4. The learned Additional Government Pleader submitted that the petitioner along with other accused persons were found in possession of 9,092

Kgs of banned tobacco products worth about Rs.52,03,978/-. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Though this Court dismissed the anticipatory bail petitions on previous occasions, the petitioner has failed to surrender before the respondent police and that there is no change of circumstances of this case. Hence, this Court is not inclined to grant anticipatory bail to the petitoner.

6. Accordingly, this Criminal Original Petition is dismissed with cost. The petitioner is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Tamil Nadu State Legal Services Authority, Chennai.

14.11.2022 ata

G.K.ILANTHIRAIYAN, J.

ata Crl.O.P.No.27843 of 2022 14.11.2022