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Madras High CourtCRL OP/23789/2023dismissed

Narayan Lal v. State Rep.By

2023-12-14Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The Petitioner seeks anticipatory bail in Crime No.242 of 2023 registered by the respondent police for the offences under Sections 279 and 328 IPC read with Sections 7 and 20(1) of Cigarette and Other Tobacco Products Acts, 2003.

2. The learned counsel for the Petitioner states that Petitioner is the owner and was driving his car bearing registration No.TN 49 BE 6946. He suffered an accident on 28.08.2023. The Petitioner ran away and took treatment in a private hospital. Thus, he prays for grant of anticipatory bail to the Petitioner.

3. The learned Government Advocate (Criminal Side) submitted that when the police officials checked the vehicle of the Petitioner, it contained 47 Kgs of banned tobacco worth about Rs.1,10,000/-. Petitioner has no previous case against him. Thus, he prayed for dismissal of this petition.

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4. This Court on 16.10.2023, had granted interim anticipatory bail to the Petitioner herein with the following condition : "The Petitioner is directed to disclose the source from where he obtained the tobacco products. If he does not disclose the proper source, the interim anticipatory bail granted to the Petitioner stands automatically cancelled. The Respondent is directed to file a report about the statement made by the Petitioner herein. List the matter on 08.11.2023 once again."

5. The matter has been subsequently listed on 08.11.2023 and the interim anticipatory bail already granted was extended till 30.11.2023 and it was directed that the Petition should be listed again.

6. It is the contention of the learned Government Advocate (Criminal Side) that the Petitioner has appeared before the Respondent on 17.11.2023, 18.11.2023 and 23.11.2023, but did not disclose any information at all. After those dates, he did not appear at all. 2/4

7. It is clear that the Petitioner had not come to this Court with bonafide intention. The interim anticipatory bail granted stands automatically cancelled. Accordingly, this Criminal Original Petition seeking anticipatory bail stands dismissed.

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C.V.KARTHIKEYAN , J.

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