Karunakaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.Nos.3789 & 4288 of 2021 Karunakaran ... Petitioner (in both Crl.O.Ps) -VsState represented by ... Respondent The Inspector of Police, (in both Crl.O.Ps) Uthiyur Police Station, Tiruppur District.

Crime Nos.931 & 915 of 2020.

Common Prayer: Criminal Original petitions filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with in Crime Nos.931 & 915 of 2020, on the file of the respondent, Uthiyur Police Station, Tiruppur District respectively. For Petitioner : Mr.P.Kalimuthu (in both Crl.O.Ps) For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor (in both Crl.O.Ps) COMMON ORDER These cases have been heard through video conference The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of IPC, in Crime Nos.931 & 915 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had illegally transported 1(one) unit of gravel sand and 1⁄2 unit of river sand by using lorry bearing registration Nos.TN-55 L 5317 & TN 63 Q 9682, 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 https://hcservices.ecourts.gov.in/hcservices/

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 illegally transported 1 (one) unit of gravel sand and 1⁄2 unit of river sand by using lorry bearing registration Nos.TN-55 L 5317 & TN 63 Q 9682, without any valid permission. He would further submit that the petitioner is a habitual offender. Hence he vehemently opposed to grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and that the petitioner has already involved in very same offence, this Court is not inclined to grant anticipatory bail to the petitioner.

6.

Accordingly, these Criminal Original Petitions are dismissed.

-sd/- 12/03/2021 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, DHARAPURAM.

2 THE JUDICIAL MAGISTRATE, KANGEYAM.

3 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR. [FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, UTHIYUR POLICE STATION, TIRUPPUR DISTRICT.

CC to M/S.P.KALIMUTHU Advocate on payment of necessary charges CRL OP.3789 & 4288/2021 Date :12/03/2021 https://hcservices.ecourts.gov.in/hcservices/ TA-16/04/2021