Petitioner, accused under Section 328 IPC and COTPA, sought anticipatory bail. Court dismissed the petition, holding that the petitioner's antecedents, including nine previous cases with prior convictions on admission, precluded the grant of bail.
Petition for anticipatory bail stands dismissed.
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Crl.O.P.No.26234 of 2023
C.V.KARTHIKEYAN, J.
The petitioner is A2 in Crime No.1787 of 2023, registered under Section 328 IPC r/w Section 22(a) of the Cigarettes and Other Tobacco Products Act, 2003, seeks anticipatory bail.
2.It is stated by the learned counsel that the petitioner is 2nd accused and 1 ½ kgs of banned Tobacco products was secured only from A1. The learned counsel also stated that A1 had been granted bail in Crl.MP.No.2439 of 2023 by order dated 6.11.2023, by the learned Principal Sessions Judge, Tiruppur. But however, the anticipatory bail application of this present petitioner had been dismissed by the very same learned Principal Sessions Judge, Tiruppur, by an order dated 3.11.2023 in Crl.MP.No.2431 of 2023. The learned counsel states that the previous cases against the petitioner had not been mentioned in the order of the learned Principal Sessions Judge.
3.However, the learned Government Advocate (Crl.Side) states on instructions that there are 9 previous cases against the petitioner herein of similar nature, of which, 5 are pending and in 4 he had been convicted on payment of fine on admission of offence.
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C.V.KARTHIKEYAN, J.
kp
4.In view of the above, the antecedents against this petitioner will certainly have to be taken into consideration and therefore, I am not inclined to grant anticipatory bail, petition stands dismissed.
20.11.2023
kp
Crl.O.P.No.26234 of 2023
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner given his antecedents of nine previous cases of similar nature.
1 provisions across 1 enactments
C.V. Karthikeyan
State
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
