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Madras High CourtCRL OP(MD)/11458/2020dismissed

Subramani v. The Inspector Of Police

2020-10-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.11458 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.11458 of 2020

1. Subramani

2. Kumar ... Petitioners/Accused No.3and4 Vs The State rep. by The Inspector of Police, Thatchanallur Police Station, Tirunelveli District.

(Crime No.1056 of 2020). ... Respondent/Complainant For Petitioners: Mr.R.Alagumani, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1056 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused No.3 and 4, apprehending arrest at the hands of the respondent police for the offences punishable under section 323 of IPC and Sections 6(a), 6(b) and Section 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.1056 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners said to have illegally transported Shamphu(Tobacco Leaves) and Cool Lip by using Eicher. Hence, the present complaint.

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent.

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CRL OP(MD). No.11458 of 2020 4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.

5.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioners are having six previous cases and those cases not similar in nature. 6.Considering the facts and circumstances of the case and also considering the fact that the the petitioners are having six previous cases and those cases not similar in nature, I am not inclined to grant anticipatory bail to the petitioners. 7.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 16/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, THATCHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11458 of 2020 Date :16/10/2020 VSG SRS/ AKM/SAR-III/ 28.10.2020/ 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2