Madras High CourtCRL OP/4301/2021dismissed

P.Pakkiyaseelan v. State Rep By

2021-03-05Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fifth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.4301 of 2021 P.PAKKIYASEELAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SUNGUVANCHATHRAM POLICE STATION, KANCHEEPURAM DISTRICT (CR.NO.373/2019) For Petitioner : M/S.M.P.YUVARAJ 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 for the alleged offences punishable under Sections 430, 379 of IPC r/w Sec 3(1) of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992, in Crime No.373 of 2019, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner had illegally transported 3 units of river sand by using Tipper Lorry bearing Registration No. TN 12 X 9088, 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 is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that based on the confession of A1, the petitioner was 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 3 units of river sand by using Tipper Lorry bearing Registration No. TN 12 X 9088, without any valid permission. He would further submit that the entire contraband was https://hcservices.ecourts.gov.in/hcservices/

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 anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also the fact that the petitioner has involved very serious offences 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/- 05/03/2021 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 INSPECTOR OF POLICE, SUNGUVANCHATHRAM POLICE STATION, KANCHEEPURAM DISTRICT.

CC to M/S.M.P.YUVARAJ Advocate on payment of necessary charges CRL OP.4301/2021 Date :05/03/2021 rvr 08/04/2021 https://hcservices.ecourts.gov.in/hcservices/