High Court dismissed the third anticipatory bail petition filed by a godown owner and manager accused of possessing smuggled tobacco. The court noted the petitioners' absence and substantial contraband seized, rejecting the argument that bail granted to other accused warranted relief.
Petition for anticipatory bail dismissed; relief denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.10.2020
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
Crl.O.P.No.6687 of 2020
1.Murugesan 2.G.Justin Roche ... Petitioners
Vs.
The State Represented by,
The Inspector of Police,
M5, Ennore Police Station,
Thiruvallur District.
Crime No.622 of 2020. ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of their arrest in Connection with the Crime No.622 of 2020 pending on the file of the respondent police. For Petitioners : Mr.V.Pichaimuthu For Respondent : Mr.V.Saratha Devi Government Advocate (Crl.Side) ORDER
Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of their arrest in Connection with the Crime No.622 of 2020 pending on the file of the respondent police.
(This case has been heard through video conference)
The petitioners /A5 & A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 353, 506(ii) of IPC and 9(ii) r/w 7 of TNPSS Act, in Crime No.622 of 2019, seek anticipatory bail.
-sd/-
15/10/2020
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 PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
2 THE INSPECTOR OF POLICE,
M5 ENNORE POLICE STATION,
THIRUVALLUR DISTRICT
+1CC to M/S.V.PICHAIMUTHU Advocate on payment of necessary
charges SR NO.6962
CRL OP.6687/2020
Date :15/10/2020
MK:23/10/2020
2 issues framed by the court
Whether anticipatory bail can be granted to petitioners who are the owner and manager of the godown where banned tobacco products were stored, considering they have absconded.
Whether the fact that other accused were granted bail constitutes a change of circumstances warranting relief in this third petition.
4 provisions across 3 enactments
1. Murugesan
2. G. Justin Roche
The State Represented by The Inspector of Police, M5, Ennore Police Station, Thiruvallur District
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
