The court held that the petitioner's custody was essential to unearth the truth and that he was not entitled to anticipatory bail.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Wednesday, the Fifth day of January Two Thousand Twenty Two

PRESENT

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

CRIMINAL ORIGINAL PETITION No.38 of 2022

A.ABBAS @ PATHI ABBAS

[ PETITIONER/ACCUSED ]

Vs

STATE REP.BY

[ RESPONDENT ]

THE INSPECTOR OF POLICE,

B-4, UKKADAM POLICE STATION,

COIMBATORE.

CRIME NO.406/2021

For Petitioner : M/S.G.NIRMAL KRISHNAN, Advocate

For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :-

The petitioner, who apprehends arrest for the alleged offence

under Section 328 of IPC r/w Section 7(1), 20(1) of Cigratte and

other Tabacco Products Act, 2003 in Cr.No.406 of 2021 on the file of

the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with

other accused persons were involved in illegal possession of 44 Kgs

of banned tobacco products worth about Rs.89,400/- and the same was

seized by the respondent police from one Raffik/A2. Hence, the

complaint.

3.The learned counsel appearing for the petitioner submitted

that the petitioner has not committed any offence as alleged by the

prosecution and he has been falsely implicated in this case. Hence,

he prays for grant of anticipatory bail.

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4.The learned Government Advocate (Crl.Side) submitted that the

petitioner along with other accused persons were involved in illegal

Possession of 44 Kgs of banned tobacco products. He further submitted

that there is one previous case similar nature pending against the

petitioner. Hence, he vehemently opposed to grant anticipatory bail

to the petitioner.

5. Considering the submissions made by the learned Government

Advocate, custody of the petitioner is essential and also that there

is one previous case similar nature pending against him. In such

circumstances, custody interrogation of the petitioner is essential

to unearth the truth. Therefore, this court is not inclined to grant

anticipatory bail to the petitioner. Accordingly, the petition

seeking anticipatory bail is dismissed.

-sd/-

05/01/2022

This order, on being produced, be punctually observed and carried

into execution by all concerned

TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)

High Court, Madras - 600 104.

TO

1 THE INSPECTOR OF POLICE,

B-4, UKKADAM POLICE STATION,

COIMBATORE.

2 THE PUBLIC PROSECUTOR

HIGH COURT, MADRAS.

+1 CC to M/S.G.NIRMAL KRISHNAN Advocate on payment of necessary

charges SR.NO.325

CRL OP.38/2022

Date :05/01/2022

RW 11/01/2022

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