A.Boopathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on : 12.09.2022 Pronounced on : 14.09.2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.16376 of 2022 A.Boopathi ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Mamsapuram Police Station, Virudhunagar District.

(Crime No.113 of 2022).

... Respondent/Complainant For Petitioner : M/s.Balasubramanian N, Advocate. For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.113 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(b) r/w. 24(1) of Cigarette and Other Tobacco Products Act, 2003 and Section 328 IPC in Cr.No.113 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was found in illegal possession of 7 pocket of Ganesh Tobacco pockets worth about Rs.350/-, which is prohibited by the Government. Hence, the complaint.

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3.On the side of the petitioner, it is stated that the petitioner is innocent and he is no way connected with the alleged offence and prayed the petitioner to be released on anticipatory bail.

4.On the side of the prosecution, it is stated that the petitioner is having one previous case, which is similar in nature and prayed the petition to be dismissed.

5.Considering the seriousness and gravity of the offence alleged against the petitioner and on considering the fact that the petitioner is having one previous case similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 14/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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, MAMSAPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.16376 of 2022 Date :14/09/2022 SP/SVR/SAR I/19/09/2022/2P/3C https://www.mhc.tn.gov.in/judis