Rajan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the First day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.3940 of 2021 RAJAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, KADALADI POLICE STATION, THIRUVANNAMALAI DISTRICT CRIME NO.2709/2020 For Petitioner : M/S.B.S.MANIKANDAN Advocate For Respondent : MR. 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 for the alleged offence punishable under Sections 379 and 430 IPC read with Section 21(5) of Mines & Minerals (Development & Regulation) Act 1957 & Section 3 of TN Public Property (Prevention of Damage & Loss Act, 1992, in Crime No.2709 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 unit of river sand by using Mahindra Tractor, without any valid permission. Hence, the complaint was registered.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person 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 unit of river sand by using Mahindra Tractor, without any valid permission. He would further submit that entire contraband was seized by the respondent police. He would further submit that there are two previous cases pending as against the petitioner .Hence he vehemently opposed to grant of anticipatory bail to the petitioner.

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5. Taking into consideration the facts and circumstances of the case and that the petitioner has involved in very serious offence and there are two previous cases pending as against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6.

Accordingly, this Criminal Original Petition is dismissed.

-sd/- 01/03/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE SUB INSPECTOR OF POLICE, KADALADI POLICE STATION, THIRUVANNAMALAI DISTRICT CC to M/S.B.S.MANIKANDAN Advocate on payment of necessary charges CRL OP.3940/2021 Date :01/03/2021 MK:11/03/2021 https://hcservices.ecourts.gov.in/hcservices/