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2014 (3) TMI 758 - MADRAS HIGH COURTSmuggling - Consideration of Anticipatory bail u/s 438 Cr.P.C. – offences alleged u/s 420, 417 & 465 IPC & 135 of Customs Act - Three prior cases of smuggling Red Sander wood – No co-operation earlier by accused - Held That:- Petitioner is already involved in three cases of smuggling of red sanders - In two cases, adjudication orders were passed - The department imposed on him a penalty - The present 4th case relates to smuggling of red sanders wood - Interrogation of several persons leads to accused - Accused need to be interrogated - There is no cooperation from him - Already he is involved in similar cases - The Court has to consider the seriousness 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.
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