Madras High CourtCRL OP(MD)/240/2022dismissed

T. Esakki v. The Inspector Of Police

2022-01-07Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD) No.240 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of January Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.240 of 2022 T.ESAKKI ... PETITIONER/ACCUSED NO.3 Vs STATE REP.BY THE INSPECTOR OF POLICE THIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT.

CR.NO.499 OF 2021 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.KARTHICK.R.J. Advocate For Respondent : MR.RMS.SETHURAMAN ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.499 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 offences punishable under sections 379 of IPC and 21(4) of Mines and Minerals (Regulation and Development) Act, 1957 r/w 379 IPC in Crime NO.499 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.499 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 three unit of Saral sand. The petitioner is the owner of the vehicle. 4.On the side of the respondent it is stated that totally two accused were involved in this case. The petitioner is the owner and A2 is the driver. A2 was arrested and he is in custody. There is no previous case against the petitioner.

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CRL OP(MD) No.240 of 2022 5.It is seen that the co-accused is arrested and he is in custody. 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/- 07/01/2022 / 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, Thiruchendur Police Station, Thoothukudi District.

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

ORDER

IN CRL OP(MD) No.240 of 2022 Date :07/01/2022 RS/PN/SAR.4(12.01.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2