DARAJARAM Vs. STATE

JUDGEMENT

(1.) The petitioners/A1 and A2, who were arrested and remanded to judicial custody on 5/7/2023 for the offences punishable under Ss. 24(1) of COTPA Act, 2003 read with 328 of IPC in Crime No.459 of 2023 on the file of the respondent police, seek bail.

(2.) The learned counsel for the petitioners submitted that, petitioners are accused in Crime No.459 of 2023 for the offences under Ss. 24(1) of COTPA Act, 2003 read with 328 of IPC. He further submitted that, petitioners are innocents and they are falsely implicated in this case. Petitioners are in judicial custody from 5/7/2023. Thus, he prays for grant of bail.

(3.) In response, the learned Additional Public Prosecutor submitted that, on 5/7/2023, at about 11.00 hrs, the police party mounted surveillance near Rajaram Central Stores, Kalangal Road and found two persons standing with white sacks. On seeing police, they tried to escape by leaving the sacks. Police apprehended them and came to know their names as Darajaram and Bheraram. On searching the sacks, they found with the following tobacco products, (1) 1 bag containing SWAGAT Tobacco (weighing 22 Kgs), (2) 11 bags containing VIMAL tobacco (weighing 52 Kgs), (3) 1 bag containing V1 Tobacco (weighing 15 Kgs) and (4) 1 bag containing GANESH Tobacco (weighing 8 Kgs). Subsequently, the case was registered. The tobacco products were seized. A2 in this case is having a similar previous case pending in Crime No.346 of 2022. Therefore, he prays for dismissal of this bail petition.