Prasath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/11/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM Prasath, ... Petitioner/Accused 3 Vs The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.

(Crime No.539 of 2023).

... Respondent/Complainant For Petitioner : M/s.P.R. BOOMEE RAJAN, Advocate. For Respondent : Mr.R.SURESH KUMAR, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.539 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A3 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 328 of I.P.C. r/w 24(1) and 20(1) of Cigarette and Other Tobacco Products Act, 2003, in Crime No.539 of 2023 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 5 packets of hands (weighing 80kgs) banned tobacco products worth of Rs.1,50,000/-. Hence, the case.

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3.The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. Hence, he prayed to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent would submit that the petitioner was found in illegal possession of 5 packets of hands (weighing 80kgs) banned tobacco products worth of Rs.1,50,000/- and three cellphones and three two wheelers were recovered from them. He would further submit that the petitioner is having two previous cases and hence, he opposed to grant anticipatory bail to the petitioner.

5.Heard. Perused the materials available on record including the First Information Report.

6.Considering the nature of allegation and also considering the fact that the petitioner is having two previous cases, this court is not inclined to grant anticipatory bail to the petitioner.

7.In the result, this petitions stands dismissed. sd/- 02/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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SJI TO 1 THE INSPECTOR OF POLICE, KUMBAKONAM TALUK POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.19530 of 2023 Date :02/11/2023 SA/DD/SAR. /17.11.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3