Madras High CourtCRL OP/9434/2021dismissed

Prakash v. State Rep

2021-05-26Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.05.2021

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.9434 of 2021 1.Prakash 2.Stalin 3.Mani @ Subramani 4.Saravanan 5.Inba @ Perinban ... Petitioners Vs.

State Rep. by The Inspector of Police, Peralam Police Station, Tiruvarur District, Cr.No.537 of 2021 ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.537 of 2021 on the file of the respondent police.

For Petitioners : Mr. R.Lingakumar For Respondent : Mr.A.Damodaran Government Advocate(Crl side)

O R D E R

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 430, 379 of IPC in Crime No.537 of 2021, on the file of the respondent police, seek Anticipatory Bail.

2. The case of the prosecution is that each of the petitioners have taken 4 bags of river sand in 5 different motor cycle (totally 20 bags) without any permission. Hence the complaint.

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3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they are in no way connected with the alleged offence and a false case has been foisted against them and further submitted that the petitioners are ready to comply with the conditions that may me imposed by this Hon'ble Court and prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that the petitioners were found carrying 20 bags of river sand without permission and that A1 is a history sheeter rowdy and is having previous case under Section 307, A2 is having 6 previous cases, A3 is having 3 previous cases, A4 is having 2 previous cases and A5 is having one previous case and A1, A2 and A3 are history sheeter rowdies and hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances, and also the fact that the petitioners are involved in various offences and also IPC cases are pending against them and they are history sheeter rowdies, this court is not inclined to grant Anticipatory Bail to the petitioners. Accordingly, the Criminal Original Petition is dismissed.

-sd/- 26/05/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, PERALAM POLICE STATION, TIRUVARUR DISTRICT.

CC to M/S R.CHAKKARAVARTHY Advocate on payment of necessary charges CRL OP.9434/2021 Date :26/05/2021 MK:30/06/2021 https://hcservices.ecourts.gov.in/hcservices/