Madras High Court
CRL OP/20976/2020 of M.DEVARAJ Vs STATE REP. BY on 30 December 2020
COURT OF JUDICATURE AT MADRAS DATED : 30.12.2020 CORAM THE HONOURABLE
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.12.2020
CORAM
THE HONOURABLE MR. JUSTICE G. CHANDRASEKHARAN
Crl.O.P.No.20976 of 2020
M.Devaraj
... Petitioner
Versus
State rep.byThe Station House Officer,Olakkur Police Station,Olakkur, Villupuram District.(Crime No.1466 of 2020)
... Respondent
Criminal Original Petition filed under Section 438 Cr.P.C. toenlarge the petitioner on bail, in the event of his arrest inconnection with Crime No.1466 of 2020 on the file of the respondentpolice.
For Petitioner : Mr.G.Tamilselvan
For Respondent : Mr. M. Mohamed Muzammil, Government Advocate (Crl.side)
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ORDER
(The case has been heard through video conference)
The petitioner, who apprehends arrest at the hands of therespondent police for the alleged offence punishable under Sections273, 328 of IPC, r/w Section 24(1) of Cigarette and Other TobaccoProducts Act, 2003, in Crime No.1466 of 2020, on the file of therespondent police, seeks anticipatory bail.
2. Heard the submissions made by the learned counsel for thepetitioner and learned Government Advocate (Crl.side) appearing forthe respondent/police.
3. It is seen from the submissions of the counsel for bothsides that the petitioner alleged to have in possession of 540pouches of Hans, 144 pouches of Filter Tobacco, 240 pouches of Panmasala, 270 pouches of VI-Tobacco. Hence, a complaint wasregistered by the respondent/police against the petitioner.
4. It is reported by the learned Government Advocate (Crl.side)appearing for the respondent/police that the petitioner hadcommitted similar offence earlier and he was released onhttps://hcservices.ecourts.gov.in/hcservices/03.09.2020. Immediately, thereafter, he has committed the same offence. Hence, he would vehemently oppose granting anticipatorybail to the petitioner.
5. Considering the nature of the repeat offence alleged againstthe petitioner and facts and circumstances of the case, and thefact that the petitioner is said to have been in possession ofbanned substances with a view to sell it to the public which maycause health and other hazards, this Court is not inclined to grantanticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed.
-sd/-
30/12/2020
This order, on being produced, be punctually observed and carriedinto execution by all concerned TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO
1 THE JUDICIAL MAGISTRATE,NO.I, TINDIVANAM.
2 THE CHIEF JUDICIAL MAGISTRATEVILLUPURAM. [FOR INFORMATION]
3 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.
4 THE STATION HOUSE OFFICER,
OLAKKUR POLICE STATION,OLAKKUR,VILLUPURAM DISTRICT.
CC to M/S.G.TAMILSELVAN Advocate on payment of necessarycharges CRL OP.20976/2020
Date :30/12/2020
TA-01/02/2021