Ganesan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12644 of 2023 Ganesan ... Petitioner/Accused No.4

Vs The State, through The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District. (Crime No.242 of 2023). ... Respondent/Complainant For Petitioner : Mr.T.Veerakumar, Advocate. For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side). PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- C-31 AB. For Anticipatory Bail in Crime No.242 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Accused No.4, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 328 IPC and Sectioons 6(b) and 24(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.242 of 2023 on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that on the date of alleged occurrence, three persons were found in unloading the tobacco products in the place of first accused. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that only based on the confession statement of the co-accused, this petitioner has been implicated in this case. The accused No.1 to 3 were released on bail by the trial Court.

¶4The learned Government Advocate (Crl. Side) would submit taht the petitioner is having two previous cases, out of which, one case is similar in nature.

¶5Even though it is submitted by the petitioner that he is not at all present in the place of occurrence, the learned Government Advocate (Crl. Side) submitted that on seeing Police party, the petitioner ran away from the place of occurrence and only after that, his identification was also noticed.

¶6Considering the facts and circumstance of this case and considering the fact that the petitioner is involved in previous cases, which are similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this anticipatory bail petition deserves dismissal and accordingly dismissed.

sd/-

12/07/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU TO

¶1The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

¶2The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.12644 of 2023 Date : 12/07/2023 AMS/VRS/10.08.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023