Madras High CourtCRL OP/3725/2021dismissed

Rajan v. State Rep By

2021-02-25Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of February Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.3725 of 2021 RAJAN [PETITIONER/ACCUSED] Vs STATE REP BY [RESPONDENT/COMPLAINANT] THE INSPECTOR OF POLICE, KADALADI POLICE STATION, THIRUVANNAMALAI DISTRICT (CR.NO.2709/2020) For Petitioner : M/S.B.SUDHA Advocate For Respondent : M/S. S.KARTHIKEYAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police in connection with a case registered in Crime No.2709 of 2020 for the alleged offence under Sections 379 and 430 of IPC and Section 21(5) of The Mines and Minerals (Development and Regulations) Act, 1957 and Section 3 of The Tamil Nadu Public Property (Prevention of Damages and Loss) Act, seeks anticipatory bail.

2. The petitioner is said to have transported one unit of illegally mined sand from the river bed.

3. The learned counsel for the petitioner would submit that the petitioner is innocent of the alleged offence and he has been falsely implicated in the case.

4. The learned Additional Public Prosecutor would submit that the petitioner transported one unit of illegally mined sand from the river bed and he has two more cases of similar nature.

5. Considering the nature of the offence and also the alleged involvement of the petitioner in two other cases of similar nature, this court is of the considered view that it is not a fit case for the grant of anticipatory bail as there is every possibility of repeating the offence by the petitioner, if he is released on https://hcservices.ecourts.gov.in/hcservices/

bail. Thus, the Criminal Original Petition deserves only to be dismissed and the same is dismissed accordingly. -sd/- 25/02/2021 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 INSPECTOR OF POLICE, KADALADI POLICE STATION, THIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.B.SUDHA Advocate on payment of necessary charges SR NO. 2410 CRL OP.3725/2021 Date :25/02/2021 MN-05/03/2021 https://hcservices.ecourts.gov.in/hcservices/