Madras High CourtCRL OP(MD)/565/2023dismissed

Suresh v. The Inspector Of Police

2023-01-10Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL OP(MD). No.565 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.565 of 2023 Suresh ... Petitioner/Accused No.5 Vs The State rep.by, The Inspector of Police, Natchiyapuram Police Station, Sivagangai District.

Crime No. 82/2022. ... Respondent/Complainant For Petitioner : M/s.Sanjay.S.M., Advocate.

For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 82 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A5 who apprehends arrest at the hands of the respondent police for the offences punishable under sections 272,273,328 of IPC and 24(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No. 82 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 the petitioner along with other accused were found in illegal possession of banned tobacco products worth about Rs.14 lakhs. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.565 of 2023

4. The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the petitioner is a habitual offender and he is having two previous cases. He would also submit that the value of the product is worth about Rs.14 lakhs and the case has been registered very recently. Hence he prays to dismiss the same. He would also submit that three previous cases are pending against the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the taking into consideration the previous bad antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Hence the petition stands dismissed.

sd/- 10/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

aav TO 1.THE INSPECTOR OF POLICE, NATCHIYAPURAM POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.565 of 2023 Date :10/01/2023 RK/MMS/SAR-2(19/01/2023) 2P/3C https://www.mhc.tn.gov.in/judis 2/2