Manoharan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirtieth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7290 of 2022 MANOHARAN [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE NALLIPALAYAM POLICE STATION, NAMAKKAL, TAMIL NADU.

CRIME NO.44 OF 2022.

For Petitioner : M/S.S.KASIRAJAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) 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 Section 286 of IPC and Section 5 of Explosive Substances Act, 1908 in Crime No.44 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein is the owner of the vehicle, wherein 9,300 boxes of Special Ordinary Detonators were transported illegally without proper permit for transporting. The vehicle was met with an accident and thereafter clandestine transport of the explosives were found. A case has been registered against this petitioner and three others. The confession statement of the arrested person, who was riding the vehicle carrying explosives, indicates that this petitioner being the owner of the lorry had guided other accused to procure explosives and deliver at Chittoor, Andhra Pradesh. The petitioner herein was guiding the vehicle, which was clandestine transporting explosives and the vehicle of the petitioner bearing Registration No.TN 29 BX 7572 EON was also seized.

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3. Considering the nature of the substance, which has been transported illegally to the other State and the abscondence of this petitioner who has guided the vehicle, custodial interrogation of this petitioner is required to know about the source from which it was transported and it was procured

4. Hence, this Court is not inclined to entertain this anticipatory bail petition and this Criminal Original Petition is dismissed accordingly.

-sd/- 30/03/2022 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 NALLIPALAYAM POLICE STATION, NAMAKKAL, TAMIL NADU.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.KASIRAJAN Advocate on payment of necessary charges CRL OP.7290/2022 Date :30/03/2022 TA-06/04/2022 https://hcservices.ecourts.gov.in/hcservices/