The Madras High Court dismissed a bail petition filed by Michaelraj, the sole accused in a cigarette smuggling case. The Court held that given the petitioner's alleged status as a habitual offender with over 10 previous cases, his bail prayer could not be granted under Section 439 CrPC.
The petition for bail under Section 439 CrPC is dismissed.
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.
CRL OP(MD). No.12906 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 19/11/2020
The Hon`ble Mr.Justice S.M.SUBRAMANIAM
CRL OP(MD). No.12906 of 2020
Michaelraj ... Petitioner/Sole Accused
Vs
State Rep. by The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District Crime No.601/2020. ... Respondent/Complainant
For Petitioner : M/s.R.Pon Karthikeyan, Advocate. For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side)
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.601 of 2020 on the file of the respondent police
ORDER : The Court made the following order :-
The petitioner/sole accused, who was arrested and remanded to judicial custody on 27.09.2020 for the offences punishable under Sections 328,269 of IPC r/w.Section 7 and 24(1) of Prevention of Cigarette and Tobacco Act, 2003 on the file of the respondent police seeks bail.
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CRL OP(MD). No.12906 of 2020
sd/19/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1 THE INSPECTOR OF POLICE, VIRUDHUNAGAR WEST POLICE STATION, VIRUDHUNAGAR DISTRICT. 2 THE OFFICER INCHARGE, DISTRICT JAIL, THENI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.12906 of 2020 Date :19/11/2020 AAV JM/VR/SAR II/23.11.2020/2P/4C
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1 issue framed by the court
Whether bail should be granted to a habitual offender accused of illegal possession of banned tobacco products under Sections 328 and 269 of IPC read with the Prevention of Cigarette and Tobacco Act,
3 provisions across 3 enactments
Michaelraj
State
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
