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Madras High CourtCRL OP/24602/2023dismissed

Shaji Daniel v. State Rep.By

2023-10-31Honourable Mr Justice C.V. Karthikeyan3 pages

C.V.KARTHIKEYAN , J.

The petitioner herein seek anticipatory bail in Crime No.267 of 2023 registered by the respondent Police for the offences under Sections 279, 304(A), 273 IPC and 7(2) of Cigarette and Other tobacco products Act 2003.

2. The learned counsel for the petitioner states that he has been falsely implicated as an accused in this case. He is innocent. Thus, he prays for grant of anticipatory bail to the petitioner.

3. It is stated that the petitioner is the owner of the Audi bearing Registration No.TN 47 AE 3133. It is claimed that seeking money for his son's educational expenses, he had given his car to a financier namely Shafee. But however, the case of the prosecution is that the said car had dashed against the husband of the defacto complainant who crossed the road to take his parked vehicle and he died on the spot. The car was then searched, and gutka packets were found inside the car. Therefore, the First Information Report had been lodged not only under Section 7(2) of Cigarette and other Tobacco Products Act but also under Sections 279, 304(A), 273 IPC. 1/3

4. I am not able to accept the reason that the car would be given on hire and lent for money to a financier. It is a high end car. The petitioner having money to purchase it, and claiming that there is no money for educational expenses of his son is not acceptable. Investigation will have to be done in this case. Therefore, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 31.10.2023 gd C.V.KARTHIKEYAN , J.

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