M.Arulswamy v. State Of Ap.,

SMT JUSTICE T.RAJANI CRIMINAL PETITION NOs.735, 739, 740 AND 742 OF 2018 COMMON ORDER:

These four Criminal Petitions are filed seeking for grant of anticipatory bail to the petitioner, who are accused in Crime Nos.340, 338, 341 and 342 of 2017 respectively on the file of the Station House Officer, Chillakur Police Station, SPSR Nellore District. The offences alleged are under Sections 279 and 186 of the Indian Penal Code (IPC) and under Section 184 of the Motor Vehicles Act, 1988. Later Sections 120-B, 379 and 420 IPC and Section 24(1)(a) of MMDR Act are also added.

The case of the prosecution is that these cases were registered against these petitioners for transportation of sand to Tamil Nadu as against the way-bills.

Learned Public Prosecutor submits that the petitioners in fact, have been obtaining the way-bills in fake names and transporting sand illegally.

The confession of the drivers of the vehicles shows that they have been carrying on the said business since long time, without the knowledge of the company the name of which is reflected in the way bills. Counsel for the petitioners could not cite any one instance, where, they have been transporting the sand to the said company.

Considering the facts and circumstances and nature of allegations, this Court opines that it is not a fit case for grant of anticipatory bail to the petitioners. However, the petitioners can surrender before the Court concerned and seek regular bail. On such surrender, the concerned Court is directed to consider the

bail applications of the petitioners on merits and in accordance with law, on the same day subject to the regular pressure of work. With the above observation, all the four Criminal Petitions are dismissed. Miscellaneous petitions, if any, pending shall stand dismissed.

______________ (T.RAJANI, J) 1st February 2018 RRB