P.Prabu @ Anal Prabu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twelfth day of May Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice S. KANNAMMAL CRIMINAL ORIGINAL PETITION No.8829 of 2021 1 P.PRABU @ ANAL PRABU [ PETITIONERS / ACCUSED ] 2 PREAMKUMAR @ PREAM @ KARUPAN Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, D-2, CHENGALPATTU TALUK POLICE STATION, CHENGALPATTU, KANCHEEPURAM DISTRICT.

CRIME NO.171/2021 For Petitioner : M/S P.SUGUMAR Advocate For Respondent : MR.T.SHUNMUGA RAJESWARAN, Government Advocate (crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners (A1 & A2), who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 430, 379 of IPC 1860 r/w 21 (1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.171 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, while the Police were in usual vehicle patrolling, near Thimmavaram Mahalakshmi Ambedkar Nagar, they found one unregistered Bolero van which came from the riverbed, by which 1⁄2 unit of river sand was illegally transported. Thereafter, on investigation, the petitioners were found to be involved in the theft of sand. Hence the complaint.

3. The learned counsel for the petitioners would submit that, the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that there are seven previous cases pending against the 1st petitioner and he is a history-sheeter. Similarly, there are six previous cases pending against the 2nd petitioner. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Taking note of the fact that, previous cases are pending against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the Criminal Original Petition is dismissed.

-sd/- 12/05/2021 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, D-2, CHENGALPATTU TALUK POLICE STATION, CHENGALPATTU, KANCHEEPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S P.SUGUMAR Advocate on payment of necessary charges CRL OP.8829/2021 Date :12/05/2021 cs 28/06/2021 https://hcservices.ecourts.gov.in/hcservices/