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Madras High Court/5409/2024dismissed

Abbas v. The Inspector Of Police

2024-04-08Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Abbas S/o.Mohamed Kani 2.Abu @ Syed Mohamed Bazir, S/o.Bazir ... Petitioners/Accused Nos.1 & 2 Vs The Inspector of Police, Thiruverumbur Police Station, Trichy District.

(Crime No.127/2024)..

... Respondent/Complainant For Petitioner : Mr.C.M.Arumugam Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C 1/4

PRAYER :- For Anticipatory Bail in Crime No.127 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, apprehends arrest at the hands of the respondent police in connection with the case in Crime No.127 of 2024, for the offence punishable under Section 328 of IPC and Sections 6 r/w 24(1) of Cigarette and other Tobacco Products Act, 2003, have filed this petition seeking anticipatory bail. 2.The case of the prosecution is that the police officials were on surveillance to prevent the sale of tobacco products, they found that the petitioners were in possession of 15 Gunny bags of banned Tobacco products and they recovered the same from the petitioners.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor appearing for the respondent police opposes for grant of anticipatory bail on the ground that the petitioners were 2/4

in illegal possession of 15 Gunny bags of Tobacco products, it is worth about more than Rs.One Lakh and also submitted that the investigation is yet to be completed. 5.Considering the quantity of the contraband, this Court is of the view that it is not a case for grant of anticipatory bail to the petitioners. 6, Accordingly, this Criminal Original Petition is dismissed. sd/- 08/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO

1. The Inspector of Police, Thiruverumbur Police Station, Trichy District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.M.ARUMUGAM, Advocate ( SR-4273[I] dated 08/04/2024 ) 3/4

ORDER

IN CRL OP(MD) No.5409 of 2024 Date :08/04/2024 RK/GS (06/05/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4