Madras High CourtCRL OP/12234/2020dismissed

Udhayakumar v. State Rep.By

2020-08-14Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12234 of 2020 Udhayakumar ... Petitioner Vs.

State rep by, The Inspector of Police, Thirukazhukundram Police Station, Kancheepuram District.

(Crime No.852 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., praying to enlarge the petitioner on bail pending investigation in Crime No.852 of 2020 on the file of the Respondent Police.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 15.07.2020 for the offences punishable under Section 430 & 379 IPC r/w. Section 21(1) of Mines and Minerals (Development & Regulation) Act 1957 in Crime No.852 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had illegally transported 1 unit of river sand without any permit or valid licence. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration from 15.07.2020. Hence, he prays to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) would submit that the petitioner is a habitual offender and he has two cases under section 302 IPC and one case is under section 307 IPC and one is prohibition case which he has been arrested. Hence he vehemently opposes to grant bail to the petitioner. 5.Considering the bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed for the present.

-sd/- 14/08/2020 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 OFFICER INCHARGE, DISTRICT JAIL, CHENGALPATTU.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, THIRUKAZHUKUNDRAM POLICE STATION, KANCHEEPURAM DISTRICT.

CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges CRL OP.12234/2020 Date :14/08/2020 MK:28/08/2020 https://hcservices.ecourts.gov.in/hcservices/