Madras High CourtCRL OP/973/2021dismissed

Sakthivel v. State Rep. By Its

2021-02-03Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.973 of 2021 Sakthivel ... Petitioner -VsState rep by its, ... Respondent The Inspector of Police, Vadavanakkambadi Police Station, Thiruvannamalai District.

(Crime No.1415 of 2020) Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Crime No.1415 of 2020 is pending on the file of the respondent police.

For Petitioner : Mr.G.P.Sivakumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

The case has been heard through video conference The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379, 430 of IPC and Section 21(5) of Mines and Minerals Act, in Crime No.1415 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had transported 3 1⁄2 units of river sand illegally by using Ashok Leyland Lorry bearing Registration No. TN 22 AC 5059, without any valid permission. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence and he has been falsely implicated in this case. https://hcservices.ecourts.gov.in/hcservices/

Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor submits that the petitioner had transported 3 1⁄2 units of river sand illegally by using Ashok Leyland Lorry bearing Registration No. TN 22 AC 5059, without any valid permission. He would further submit that there are two previous cases pending as against this petitioner and hence he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also the fact that the entire contraband was seized and that the petitioner was involved in two previous cases, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/02/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE-I, CHEYYAR.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VADAVANAKKAMBADI POLICE STATION, THIRUVANNAMALAI DISTRICT.

CC to M/S.G.P.SIVAKUMAR Advocate on payment of necessary charges CRL OP.973/2021 Date :03/02/2021 TA-22/02/2021 https://hcservices.ecourts.gov.in/hcservices/