Pazhanivel v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN CRL.OP.No.2340 of 2021 Pazhanivel ... Petitioner Vs.

State Represented by ... Respondent The Inspector of Police, Vridhachalam Police Station, Cuddalore District (Crime No.1245 of 2020) PRAYER: Criminal Original Petition filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of arrest in Crime No.1245 of 2020 on the file of the Inspector of Police, Vridhachalam Police Station, Cuddalore District. For Petitioner : Mr.S.Sivakumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 379,430 of IPC and 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.1245 of 2021, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had transported 1⁄2 units of rive sand illegally by using a vehicle, without any valid licence. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the https://hcservices.ecourts.gov.in/hcservices/

respondent submitted that the quantity of river sand involved is 1/2 units. He further submitted that the petitioner is a habitual offender Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the submissions made by the learned Additional Public Prosecutor that the petitioner is a habitual offender, this Court is not inclined to grant anticipatory bail to the petitioner.

6. In the result, this Criminal Original Petition is dismissed.

-sd/- 11/02/2021 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 STATE REP BY ITS, THE INSEPCTOR OF POLICE, VRIDHACHALAM POLICE STATION, CUDDALORE DISTRICT CR.NO.1245 OF 2020.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.S.SIVAKUMAR Advocate on payment of necessary charges CRL OP.2340/2021 Date :11/02/2021 EP-02/03/2021 https://hcservices.ecourts.gov.in/hcservices/