Madras High CourtCRL OP/9243/2021dismissed

R.Gurunathan v. Inspector Of Police

2021-05-13Honourable Mrs Justice S.Kannammal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Thirteenth day of May Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice S. KANNAMMAL CRIMINAL ORIGINAL PETITION No.9243 of 2021 R.GURUNATHAN [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE MANALMEDU POLICE STATION, NAGAPATTINAM DISTRICT.

CRIME NO. 1259 OF 2020.

For Petitioner : M/S.U.KATHIRAVAN Advocate For Respondent : M/S.T.SHUNMUGARAJESWARAN, 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 offences punishable under Sections 379, 430 of IPC r/w. 21(1) of Mines and Minerals (Development and Regulation) Act in Crime No.1259 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had transported 1 unit of river sand illegally by using Tipper Lorry bearing No. TN 48 F 0624, without any valid licence. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the quantity of river sand involved is 1 unit. He further submitted that there is three previous case pending against the petitioner and therefore, the learned Government Advocate vehemently opposed to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case and also in view of the submissions made by the learned Government Advocate, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 13/05/2021 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, MANALMEDU POLICE STATION, NAGAPATTINAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.U.KATHIRAVAN Advocate on payment of necessary charges CRL OP.9243/2021 Date :13/05/2021 TA-30/06/2021 https://hcservices.ecourts.gov.in/hcservices/