Gokulakrishnan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12127 of 2020 Gokulakrishnan ... Petitioner/1st Accused Vs.

The State represented by, The Inspector of Police, Thiruverkadu Police Station, Thiruvallur District.

(Crime No. 604 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest concerned in crime No. 604 of 2020, on the file of the Inspector of Police, Thiruverkadu Police Station, Thiruvallur District. For Petitioner : Mr.N.Maaran For Respondent : Mr.K.Prabakar Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 21(1) TNMMDR Act and Section 379 of IPC, in Crime No. 604 of 2020, on the file of the respondent police, seeks anticipatory bail.

It is the case of the prosecution that the petitioner has transported eight units of river sand illegally by using two JCBs, two Tipper lorries, without any valid licence. Hence, the complaint.

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

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The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was found in illegal possession of eight units of sand. He would submit that this is the second anticipatory bail application and the earlier application was dismissed by this Court in Crl.O.P.No. 10842 of 2020 on 22.07.2020. He would submit that the petitioner has two previous cases of similar nature, registered in Crime Nos. 2 of 2020 & 601 of 2020. He would submit that the petitioner is a habitual offender and that within the year 2020 there are two previous cases pending against him. Hence, he opposed to grant anticipatory bail to the petitioner.

Taking into consideration the facts and submissions made by the learned counsel and considering the previous antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

-sd/- 18/08/2020 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 JUDICIAL MAGISTRATE NO.II, POONAMALLEE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, THIRUVERKADU POLICE STATION, THIRUVALLUR DISTRICT.

CC to M/S.N.MAARAN Advocate on payment of necessary charges CRL OP.12127/2020 Date :18/08/2020 MK:04/09/2020 https://hcservices.ecourts.gov.in/hcservices/