Japarali v. The Sub Inspector Of Police

CRL OP(MD). No.17666 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.17666 of 2021 Japarali, ... Petitioner/Sole Accused Vs State Rep by, The Sub Inspector of Police, Cumbum North Police Station, Theni District.

(Cr.No. 678 of 2021).

... Respondent/Complainant For Petitioner : MR.S.Sundarapandian,Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 678 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 19.10.2021 for the offences punishable under Sections 328, 506(ii) of IPC and Section 6(B) r/w.21(1) of Cigaratte and other Tobacco Products Act in Crime No.678 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of banned tobacco products worth about Rs.6,83,136/-. Further the petitioner has stored the products in the cattle shed and when the same was questioned by the respondent police, the petitioner threatened them with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.17666 of 2021 case. He would also submit that the petitioner is in judicial custody from 19.10.2021. He would further submit that the for statistical purpose this case has been falsely foisted against him, hence he seeks bail.

4.The learned Additional Public Prosecutor for the respondent police would submit that the petitioner is having four similar previous cases and in three case he admitted the guilt and paid the fine amount.

5.Considering the seriousness and gravity of offence alleged to have been committed by the petitioner and also the quantum of contraband seized and also the facts that the petitioner is having four similar previous cases and that the investigation is not yet completed, this Court is not inclined to grant bail to the petitioner at this point of time.

6. In the result, the petition stands dismissed. sd/- 23/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THENI DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT JAIL, THENI.

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

ORDER

IN CRL OP(MD) No.17666 of 2021 Date :23/11/2021 PKP/JM/SAR-1/26.11.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2