Ganesan v. The Inspector Of Police

CRL.O.P(MD)No.313 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.313 of 2023 Ganesan

...Petitioner/Unknown Accused

-vsThe State represented by The Inspector of Police, VK Puram Police Station, Tirunelveli District.

(Cr.No.377 of 2022)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest in connection with Cr.No.377 of 2022 on the file of the respondent Police.

For Petitioner : Mr.S.Balasubramanian, Advocate For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.side) ****

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Section 24(1) (COTPA) Cigarette and Other Tobacco Products Act and Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.377 of 2022 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant, is that on 20.12.2022, when the respondent Police conducted an inspection, the petitioner and other persons were found in illegal possession of banned tobacco products and attempted to sell the same to the school children. Hence, the complaint. 3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely roped in this case based on the confession of the arrested accused. 4.The learned Government Advocate (crl.side) would submit that the petitioner is a habitual offender, against whom, there are two previous cases of similar nature pending, which are as follows: https://www.mhc.tn.gov.in/judis 1/2

CRL.O.P(MD)No.313 of 2023 (1)Cr.No.219 of 2017 under Section 24(1)(COTPA) Cigarette and Other Tobacco Products Act (2)Cr.No.646 of 2021 under Section 328 IPC and 24(1)(COTPA) Cigarette and Other Tobacco Products Act.

5.Taking into consideration the habituality of the petitioner in committing the crime, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed.

sd/- 06/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cmr TO 1.THE INSPECTOR OF POLICE, VK PURAM POLICE STATION, TIRUNELVELI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.313 of 2023 Date :06/01/2023 RK/BUC/SAR-1 (24/01/2023) 2P/3C https://www.mhc.tn.gov.in/judis 2/2