Madras High CourtCRL OP/2756/2021dismissed

Sakthivel v. State Rep By

2021-02-16Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.2756 of 2021 Sakthivel ... Petitioner -VsState by, ... Respondent The Inspector of Police, Vadavanakkampadi 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 Petitioners : Mr.A.Saranraj 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 and 430 of IPC R.w Section 21(5) of Mines and Minerals (Development and Regulation) Act, 1957, 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 AC 5059 without any valid permission. Hence, the complaint was registered.

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. 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 https://hcservices.ecourts.gov.in/hcservices/

Ashok Leyland Lorry bearing Registration No.TN AC 5059 without any valid permission. He would further submit that there are two previous cases pending as against the petitioner and hence he vehemently opposed to grant of 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 had involved in two previous cases and bad antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/02/2021 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 COURT, VANDAVASI.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUVANNAMALAI [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

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

CC to M/S.A.SARANRAJ Advocate on payment of necessary charges CRL OP.2756/2021 Date :16/02/2021 EP-03/03/2021 https://hcservices.ecourts.gov.in/hcservices/