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Madras High CourtCRL OP(MD)/383/2021dismissed

Arumugam v. The Inspector Of Police

2021-01-11Honourable Mr Justice K.Murali Shankar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/01/2021 PRESENT The Hon'ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.383 of 2021

1. Arumugam

2. Kanthaiah ... Petitioners/Accused No.1&2 Vs The State Rep. by The Inspector of Police, Thisayanvillai Police Station, Tirunelveli District.

Crime No. 422 of 2020. ... Respondent/Complainant For Petitioners : Mr.Murugesan.M., Advocate.

For Respondent : Mr.Om Chairma Prabhu, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.422 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 IPC in crime No.422 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners and other accused are said to have illegally transported 3⁄4 unit of river sand by using lorry. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them and hence, he would pray for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate(Crl.Side) would submit that there is one previous case for similar offence pending as against the petitioners.

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5.Taking into consideration the facts and circumstances of the case and also taking note of the fact that the petitioners are having a previous case for similar offence, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is dismissed. sd/- 11/01/2021 / TRUE COPY / / /2021 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, THISAYANVILLAI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.383 of 2021 Date :11/01/2021 GNS TE/SMA/SAR-II : 19/01/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/