Pachaiyappan v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.13205 of 2020 Pachaiyappan ... Petitioner Vs.

The State rep by The Inspector of Police, Sunguvarchatiram Taluk Police Station.

(Cr.No.895 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.895 of 2020 on the file of the respondent police. For Petitioner : Mr. C.Prabakaran For Respondent : Mr.M.Mohammad Riyaz Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The petitioner who apprehend arrest at the hands of the respondent police for the offences publishable under Sections 430, 379 IPC and 430 r/w 21(1) of Tamilnadu Mines and Minerals (Development and Regulation) Act, 1957, 3(1) TN Pubic property (PRVNT. OF DAMAGE & LOSS) Act, 1992 in Crime No.895 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had transported 2 units of river sand illegally by using his Tata tipper lorry without any valid licence. Hence, the complaint.

3. 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 for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of river sand involved is two units of river sand. He further submitted that the petitioner has eighteen previous cases. Hence, he opposed for grant of anticipatory bail.

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5. Taking into consideration the facts and submissions of the learned counsel and the fact that the petitioner has eighteen previous cases against him, this court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 28/08/2020 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, SRIPERUMBADUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, SUNGUVARCHATIRAM TALUK POLICE STATION.

CC to M/S.C.PRABAKARAN Advocate on payment of necessary charges CRL OP.13205/2020 Date :28/08/2020 RVR 22/09/2020 https://hcservices.ecourts.gov.in/hcservices/