K.Muthukumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.13563 of 2021 K.Muthukumar ... Petitioner/1st Accused Vs State rep.by The Sub Inspector of Police, East Police Station, Sivakasi, Viruthunagar District (Crime No.214 of 2021).

... Respondent/Complainant For Petitioner : M/s.Selvakumar S,Advocate.

For Respondent : M/s.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.214 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent Police, for the offence punishable under Sections 6(a), 6 (b) r/w. 24(1) of Cigarette and Other Tobacco Products Act - 2003 r/w. 328 IPC in Crime No.214 of 2021, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of banned tobacco products in his shop.

3. The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) submits that this is the second anticipatory bail petition. The earlier anticipatory bail petition filed by the petitioner was dismissed by this Court vide order dated 18.08.2021, in Crl.O.P.(MD)No.11075 of 2021 on the ground that the petitioner is having fourteen previous cases. The details of which are as under:

S.No.

Name of the Police Station Crime No Section 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

432/2011 294(b) and 323 IPC 4, 8 and 9 of TNG Act 9(2) of Smoking Act 24(1) and 6(b) of COTPA Act 24(1) and 6(b) of COTPA Act 24(1) and 6(b) of COTPA Act 24(1) and 6(b) of COTPA Act 273, 353, 506(ii) of IPC r/w Sections 24(1) and 6 (b) of COTPA Act 353 and 506(i) of IPC and 24(1) and 6(b) of COTPA Act 328 of IPC and Sections 6(a) and 6(b) r/w 24(1) of COTPA Act 328 of IPC and Sections 6(a) and 6(b) r/w 24(1) of COTPA Act 12.

13.

14.

Sivakasi Town Police Station Muneeswaran Colony Muneeswaran Colony 7, 9(II) of Smoking Act 24(1) and 6(b) of COTPA Act 328, 353 and 506(ii) of IPC and 24(1) and 6(b) of COTPA Act

5. Considering the nature of offence and the antecedent of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. In the result, the Criminal Original Petition is dismissed. Sd/- 17/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 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 Sub Inspector of Police, East Police Station, Sivakasi, Viruthunagar District.

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

ORDER

IN CRL OP(MD) No.13563 of 2021 Date :17/09/2021 SP/JC/SAR IV/29/09/2021/3P/3C