Ganeshkumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN GANESHKUMAR ... PETITIONER/ACCUSED NO.2 Vs State Rep.by THE INSPECTOR OF POLICE VANNIYAMPATTI VILAKKU POLICE STATION, VIRUDHUNAGAR DISTRICT. CRIME NO.128 OF 2023. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.M.ANANTHA MURUGAN, Advocate For Respondent : MR.S.MANIKANDAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.128 OF 2023 ON THE FILE OF THE RESPONDENT POLICE. ORDER : The Court Made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 328 of IPC read with Section 6(b) and 24(1) of Cigarette and other Tobacco Products Acts, 2003.

¶2The case of the prosecution is that on 19.07.2023, at about 12.30 p.m.., on receiving a secret information, the defacto complainant along with police team went to Vanniyampatti vilakku to Chathirapatti Road, near Kaleeswari Higher Secondary School and found the first accused in this case, in illegal possession of two bags of banned Tobacco products and on seeing the police he escaped from the scene of occurrence. Hence the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. On the basis of the confession given by the first accused, this petitioner has been implicated in this case. He seeks for the relief of anticipatory bail.

¶4The learned Additional Public Prosecutor would submit that the petitioner has involved in another case in Crime No.175 of 2022, for the illegal possession of banned tobacco products worth about Rs.20,000/-. After getting bail from that case, again the petitioner has involved in the present case.

¶5Considering the bad antecedents of the petitioner, the petitioner is not entitled for relief before this Court. The petitioner shall surrender before the respondent police or before the concerned Court and seek regular bail.

¶6Accordingly, this Criminal Original Petition is dismissed. sd/- 08/08/2023 / TRUE COPY /

/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. PNN TO 1 THE INSPECTOR OF POLICE VANNIYAMPATTI VILAKKU POLICE STATION, VIRUDHUNAGAR DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN Date :08/08/2023 RS/VR/SAR-(21.08.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023