L.Gnanikumar 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.12506 of 2020 L.Gnanikumar ... Petitioners/Accused Vs.

The State represented by, The Inspector of Police, B4 Sevvapettai Police Station, Tiruvallur District.

(Crime No. 248 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 in Crime No. 248 of 2020 on the file of the respondent police.

For Petitioner : Mr.M.B.Sasikumar 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 379, 430 of IPC read with Section 21(1) of Mines & Minerals (Development and Regulation) Act, 1957, in Crime No. 248 of 2020, on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that the petitioner was found in illegal possession of sand by using Bolero Truck 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 anticipatory bail to the petitioner.

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The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was found in illegal possession of one unit of sand by using Tractor. He further submitted that there are two previous cases pending against the petitioner in Crime Nos. 484 of 2019 & 248 of 2020. Therefore, he vehemently opposed to grant anticipatory bail to the petitioner.

Taking into consideration the facts and submission 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, THIRUVALLUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, B4 SEVVAPETTAI POLICE STATION, THIRUVALLUR DISTRICT.

CC to M/S.M.B.SASIKUMAR Advocate on payment of necessary charges CRL OP.12506/2020 Date :18/08/2020 MK:04/09/2020 https://hcservices.ecourts.gov.in/hcservices/