Madras High CourtCRL OP(MD)/13088/2020dismissed

Subramani v. The Inspector Of Police

2020-11-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.13088 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/11/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.13088 of 2020

1. Subramani

2. Kumar ... Petitioners/Accused No.3 and 4 Vs State Rep. by The Inspector of Police, Thatchanallur Police Station, Tirunelveli District.

(Crime No.1056 of 2020).

... Respondent/Complainant For Petitioner : M/s.R.Alagumani, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.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/A-3 & A-4 apprehending arrest at the hands of the respondent police for the offences punishable under sections 328 of I.P.C. and Sections 6(a), 6(b) and Section 24(1) of Cigareette 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 (crl. Side) appearing for the respondent police.

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CRL OP(MD). No.13088 of 2020

4. The learned counsel appearing for the petitioners would submit 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 seek anticipatory bail.

5. The learned Government Advocate (criminal side)appearing for the respondent police would submit that there are Six previous cases pending against the petitioners. He further submitted that there is no change in circumstances.

6. Taking note of the submission of the learned Government Advocate (criminal side) and considering the fact that there are Six previous cases pending against the petitioner and there is no change in circumstances, this Court is not inclined to grant anticipatory bail.

7. Accordingly, the Criminal Original Petition stands dismissed.

sd/- 23/11/2020 / 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.13088 of 2020 Date :23/11/2020 ksa JM/PN/SAR III/03.12.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2