Madras High CourtCRL OP/3364/2021dismissed

D.Dhandapani v. State By,

2021-02-22Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.3364 of 2021 1.D.Dhandapani ... Petitioners/ Accused 2.D.Arumugam -VsThe State represented by ... Respondent/Complainant The Sub Inspector of Police, Muthandikuppam Police Station, Cuddalore District.

(Crime No.81 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.81 of 2020 on the file of the respondent police.

For Petitioners: Mr.V.Babu For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

(Heard through video conference) The petitioners, who were apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 379, 430 of IPC and 21(1) of Mines and Minerals Act, in Crime No.81 of 2020, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners have illegally transported 1⁄4 unit of sand by using Bullock Cart without any valid license. Hence, a complaint was registered.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners never indulged in any such offence as alleged by the prosecution. Hence, he prayed for grant of anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor would submit that the petitioners are habitual offender and three previous cases https://hcservices.ecourts.gov.in/hcservices/

cases pending against first petitioner and two previous cases pending against the second petitioner. Hence he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration the allegations and the bad antecedent of the petitioners and also the custodial interrogation of the petitioners is essential, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 22/02/2021 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, PANRUTI.

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

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE SUB INSPECTOR OF POLICE, MUTHANDIKUPPAM POLICE STATION, CUDDALORE DISTRICT.

CC to M/S.V.BABU Advocate on payment of necessary charges CRL OP.3364/2021 Date :22/02/2021 MN-09/03/2021 https://hcservices.ecourts.gov.in/hcservices/