Prabhu v. The Inspector Of Police

CRL OP(MD). No.199 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.01.2022 PRESENT The Hon'ble Mrs.Justice R.THARANI CRL OP(MD). No.199 of 2022 PRABHU ... PETITIONER/ACCUSED NO.3 VS.

THE STATE REP. BY, THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, SRIRANGAM, TRICHY CITY.

(CRIME NO.1171 OF 2021).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.R.Yamuna, Advocate.

For Respondent : Mr.S.Manikandan Government Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail Crime No.1171 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of IPC r/w. Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.1171 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has illegally transported 3⁄4 unit of sand in Mahindra Bolero Pick Up lorry. Therefore, the present case came to be registered. 3.The learned counsel for the petitioner submitted that the petitioner is impleaded in the case only because the petitioner is the owner of the vehicle. The petitioner was affected by chicken pox and the petitioner is an innocent person and he has been falsely implicated in this case and prayed to grant anticipatory bail to the petitioner.

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CRL OP(MD). No.199 of 2022 4.The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner is having five previous cases of similar nature. The present case was registered against the petitioner for transporting 3⁄4 unit of sand illegally and he objected to grant anticipatory bail to the petitioner. 5.Considering the previous antecedents of the petitioner and considering the nature of the offence, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed.

sd/- 06/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, SRIRANGAM, TRICHY CITY.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.199 of 2022 Date :06/01/2022 USK/PN/SAR-II/11.01.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/