Madras High CourtCRL OP(MD)/102/2022dismissed

Senthil @ Senthilkumar v. The Inspector Of Police

2022-01-06Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.102 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.102 of 2022 Senthil @ Senthilkumar ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Athiramapattinam Police Station, Thanjavur District (In Crime No.808/2021). ... Respondent/Complainant For Petitioner : Mr.Anandan.B, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.808 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused NO.2 apprehending arrest at the hands of the respondent police for the offences punishable under section 379 I.P.C. r/w. Section 21(1) of Mines and Minerals (Regulation and Development) Act, 1957 in Crime NO.808 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case against the petitioner is sand theft. A case in Crime NO.808 of 2021 has been registered against him. 3.On the side of the petitioner, it is stated that the allegation against the petitioner is transporting one unit of river sand. The petitioner is the owner of the vehicle. The petitioner was falsely implicated in this case and the petitioner already handed over the vehicle to the first accused.

4.On the side of the respondent, it is stated that totally two accused were involved in this case. The petitioner is the owner. A1 was arrested and he is in custody. The petitioner is having one previous case in Crime No.1127 of 2020, which is similar in nature and prayed the petition to be dismissed https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.102 of 2022 5.It is seen that the co-accused is arrested and he is in custody and the petitioner is having one previous case similar in nature. In view of the above circumstances, 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, Athiramapattinam Police Station, Thanjavur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.102 of 2022 Date :06/01/2022 RS/JM/SAR.1(19.01.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2