Murugan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.08.2020

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12279 of 2020 Murugan ... Petitioner Vs.

State represented by The Sub Inspector of Police, Kalsapakkam Police Station, Thiruvannamalai District, Crime No.2263 of 2020.

... Respondent PRAYER: Criminal Original Petition filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest concerned in Crime No.2263 of 2020 pending on the file of the respondent.

For Petitioner : Mr.B.S.Manikandan For Respondent : Mr.M.Mohamed Riyaz 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 and 430 of IPC r/w 21(5) of Mines and Minerals Act 1957 and Section 3 of TNPPDL Act,1992,in Crime No.2263 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that the petitioner has transported 2 units of river sand illegally by using his 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. On instruction, he would further submit that taking into consideration the present Covid pandemic situation, the petitioner is prepared to donate/pay some considerable amount to any charitable organization or association without prejudice to his defence and prayed for grant of anticipatory bail.

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4. The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of river sand involved is 2 units. He further submitted that the petitioner has seven previous case pending against him. However, he opposed for grant of anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances and the submissions made by the learned counsel and the fact that the petitioner has seven previous cases pending against him, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this criminal original petition stands dismissed.

-sd/- 27/08/2020 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KALASAPAKKAM, THIRUVANNAMALAI DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB-INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

+1 CC to M/S.B.S.MANIKANDAN Advocate on payment of necessary charges SR.NO. 6058 CRL OP.12279/2020 Date :27/08/2020 GKS:02/09/2020 https://hcservices.ecourts.gov.in/hcservices/