The Court dismissed a Criminal Original Petition for anticipatory bail under Section 438 Cr.P.C. The petitioner, facing charges for abusing police and possessing banned tobacco products, had a prior pending case for a similar offence. Finding no change of circumstances, the Court refused bail.
Petitioner's application for anticipatory bail is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2021
CORAM
THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.5573 of 2021
Saravanan
-Vs.-
State rep by Inspector of Police E1, Ponneri Police Station, Thiruvalllur District.
(Crime No.3158 of 2020
... Respondent
Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.3158 of 2020 pending investigation on the file of the respondent police.
For Petitioner : Ms.G.Gayathri
For Respondent : Mr.T.Shunmuga Rajeswaran Government Advocate (Crl. Side)
ORDER
(The case has been heard through video conference)
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 353 IPC and Section 24(1) of Cigarette and other Tobacco Products Act 2003, in Crime No.3158 of 2020 on the file of the respondent police, seeks anticipatory bail.
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 JUDICIAL MAGISTRATE-I, PONNERI, THIRUVALLUR DISTRICT .
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION]. 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 4 THE INSPECTOR OF POLICE, E-1, PONNERI POLICE STATION, THIRUVALLUR DISTRICT .
CC to M/S.G.GAYATHRI Advocate on payment of necessary charges
CRL OP.5573/2021 Date :24/03/2021
https://hcservices.ecourts.gov.in/hcservices/ MN-15/04/2021
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who has a prior pending case for a similar offence in possession of banned tobacco products.
Whether dismissal of an earlier bail application without change of circumstances bars the grant of bail.
Whether the petitioner's involvement in possessing 167kg of tobacco products justifies denying anticipatory bail.
Saravanan
State rep by Inspector of Police E1, Ponneri Police Station, Thiruvalllur District
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
