Petitioner sought bail under Section 439 Cr.P.C. for arrest related to possession of banned tobacco products. Petitioner alleged false implication. Court refused bail citing undepleted investigation, high value of contraband, and risk of absconding.
Bail was not granted to the petitioner; the Criminal Original Petition was 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Wednesday, the Fifth day of January Two Thousand Twenty Two
PRESENT
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRIMINAL ORIGINAL PETITION No.48 of 2022
VIKRAMSINGH
Vs
THE STATE REP.BY THE INSPECTOR OF POLICE, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT. CRIME NO.617 OF 2021
For Petitioner : M/S.R.PRABAKAR, Advocate
For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side)
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner who was arrested and remanded to judicial custody on 06.12.2021 for the offences under Sections 328 IPC r/w Section 7 of the COTPA Act 2003 (The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003), in Crime No.617 of 2021, on the file of the respondent police, seeks bail.
3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and that he has been suffering incarceration for 25 days from 06.12.2021 and hence, he would pray for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner illegally transported banned tobacco products worth about Rs.2 lakhs and that the investigation has not been completed.
-sd/-
05/01/2022
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 OFFICER INCHARGE, DISTRICT JAIL, DHARMAPURI.
2 THE INSPECTOR OF POLICE, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.R.PRABAKAR Advocate on payment of necessary charges
CRL OP.48/2022
Date :05/01/2022
RW 20/01/2022
2 issues framed by the court
Whether to grant bail to the petitioner arrested for possessing banned tobacco products.
Whether the possibility of absconding and tampering with evidence justifies refusal of bail.
3 provisions across 3 enactments
Vikramsingh
The State Rep. By the Inspector of Police, Karimangalam Police Station, Dharmpuri District
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
