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TMI Blog2014 (3) TMI 758X X X X Extracts X X X X X X X X Extracts X X X X ..... sness of the accusations, availability of incriminating materials, its nature, magnitude of the offence alleged, past activities and prior cases as against the accused and the need for his custodial interrogation - When these factors are as against the petitioner then it will not be a fit case for grant of anticipatory bail - In this case, there is strong prima facie case for the department as against the petitioner - Not a fit case for grant of anticipatory bail - Decided against accused. - CRL. O. P. No. 6061 of 2014 - - - Dated:- 20-3-2014 - P. Devadass,JJ. ORDER P. Devadass.J. This petition has been filed under Section 438 Cr.P.C. for pre-arrest/advance/anticipatory bail. 2. Offences alleged are under Sections 420, 417 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the petitioner, we have directed the department to produce the entire case- file. Accordingly, the learned Special Public Prosecutor produced the entire file. 6. I have anxiously considered the rival submissions, perused the averments in the anticipatory bail petition and in the counter filed by the department and the entire case-file. 7. Exporting of red sanders is prohibited. It is illegal. Red sanders carry huge price tag in certain foreign countries. In such circumstances, red sanders are exported by smugglers misdescribing them in the shipment bill as some permitted items. Customs Officials are eyeing on these smugglers. 8. On 12.2.2014, specific intelligence of smuggling of red sanders has been received by the Customs f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms Act was recorded. It revealed that he is a painter from Villupuram. He came into contact with Suresh and Akbar @ Hakim. Suresh rented out a room bearing Old No.217, New No.84, Room No.9-A, situate in Angappan Street, Chennai from one Jabarullah and also obtained an IE Code both in the name of Gankadharan. Gankadharan admitted he having received amounts on three occasions totalling Rs.30,000/- from Suresh. 13. Landlord Jabarullah in his statement stated that Suresh and one Rajan came along with Gankadharan and Suresh rented out his premises in the name of Gankadharan for M/s.Jayam Plast Co. He had seen them in his premises on few occasions and thereafter it was found locked. Thus, Gankadharan is no more than a mask of Suresh. 14. W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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