Dinakaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.20743 of 2021 Dinakaran ... Petitioner /Accused-2 Vs.

The State rep. by The Inspector of Police Vaduvoor Police Station Thiruvarur District Crime No.551 of 2021 ... Respondent/Complainant PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.551 of 2021 on the file of the Inspector of Police, Vaduvoor Police Sation, Thiruvarur District.

For Petitioner : Mr.Swamisubramanian For Respondent : Mr.N.S.Suganthan Government Advocate

ORDER

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 23.10.2021 for the offences under Sections 379, 294(b), 353 and 307 IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957 in Crime No.551 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 22.10.2021 when the respondent police along with his police party were on patrol duty, the petitioner along with other accused was found illegally transporting 11⁄2 units of river sand by using 407 lorry bearing Registration No.TN12 BT 9270 and when the defacto complainant enquired them, the accused abused them in filthy language and also attempted dash the vehicle against the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the above said offence and he has been suffering incarceration from 23.10.2021. Hence, he would pray for grant of bail to the petitioner. 4.The learned Government Advocate would raise objection stating that there are totally 2 accused in this case and the petitioner is arrayed as A2. On the date of occurrence, the accused had illegally transported 1 1⁄2 units of river sand and when it was questioned by the defacto complainant, they attempted to dash the vehicle against the defacto complainant and there is one previous case against the petitioner.

5. Considering the nature of offence and the fact that there is one previous case against the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 09/11/2021 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.I, MANNARGUDI, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, VADUVOOR POLICE STATION, THIRUVARUR DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, NANNILAM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.20743/2021 Date :09/11/2021 JPA 10/11/2021