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Madras High CourtCRL OP(MD)/479/2022dismissed

Sathiyamoorthy @ Senthil v. The Inspector Of Police

2022-01-12Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.479 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.479 of 2022 Sathiyamoorthy @ Senthil ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Panaiyapatti Police Station, Pudukkottai District.

Cr.No.03 of 2022.

... Respondent/Complainant For Petitioner : M/s.ARUNPRASAD.A, Advocate.

For Respondent : Mr.S.MANIKANDAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.3 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused said to have illegally transported One unit of gravel sand, without any valid license and permission. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl. Side) submitted that the petitioner and other accused said to have illegally transported One unit of gravel sand, without any valid license and permission. He further submitted that the petitioner is having one previous case, which is similar in nature. Totally there are two accused and the petitioner is arrayed as A1. The second accused in this case had deposited Rs.40,000/- in the Crime number and granted bail. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.479 of 2022

5. Considering the minerals involved in this case and considering the fact that the petitioner is having one previous case, which is similar in nature this Court is not inclined to grant anticipatory bail to the petitioner.

6. Hence, this Criminal Original Petition is dismissed. sd/- 12/01/2022 / 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, PANAIYAPATTI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.479 of 2022 Date :12/01/2022 SA/PN/SAR.3/04.02.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2