Habibullah v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Tenth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.4743 of 2021 HABIBULLAH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CIVIL SUPPLY CID-POLLACHI, COIMBATORE DISTRICT.

(CRIME NO.205/2020) For Petitioner : M/S.W.CAMYLES GANDHI 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 is A2. Apprehending arrest at the hands of the respondent police for the alleged offence under Section 6(4) of TNSC (RDCS) Order-1982 r/w 7(i)(a)(ii) of E.C. Act, 1955, in Crime No.205 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on routine checkup they intercepted a tempo traveller and found 2950 kgs of rice without valid permit. On enquiry it was found that A1 transported the rice for the petitioner. Hence, the respondent police registered a case against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner did not indulged in any offence. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that A1 transported 2950 kg of rice for the petitioner/A2, who is the rice shop owner. There is one previous case of similar nature pending against the petitioner. He would further submit that there are every chances of the petitioner getting absconded and thereby, derailing the progress of investigation.

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5. Taking into consideration the gravity of the offence and the petitioner was involved in one previous case of similar nature, this Court is not inclined to grant anticipatory bail to the petitioner.

6. This Criminal Original Petition stands dismissed accordingly. -sd/- 10/03/2021 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 INSPECTOR OF POLICE, CIVIL SUPPLY CID-POLLACHI, COIMBATORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges CRL OP.4743/2021 Date :10/03/2021 MN-07/04/2021 https://hcservices.ecourts.gov.in/hcservices/