Madras High CourtCRL OP(MD)/810/2023ordered

Vellaipandi v. The Inspector Of Police

2023-01-12Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P(MD)No.810 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.810 of 2023 Vellaipandi

...Petitioner/Rank Not Known

-vsThe State represented by The Inspector of Police, Alanganallur Police Station, Madurai District.

(Cr.No.327 of 2022)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest in connection with Cr.No.327 of 2022 on the file of the respondent Police.

For Petitioner : Mr.B.Vinothkumar For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.side) ****

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Section 379 of IPC r/w 21(1) of TNMMDR Act in Crime No.327 of 2022 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution, as per the de-facto complainant, is that the petitioner was in illegal transportation of six units of river sand in his tipper lorry and on seeing the Police, the accused ran way. Hence, the complaint.

3.The learned Counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the contraband is only M-sand and hence, he seeks anticipatory bail to the petitioner.

4.Per contra, the learned Government Advocate (crl.side) appearing for the respondent submitted that the the contraband is river sand and apart from that the petitioner has got 11 previous cases and out of which, one previous case is for similar offence. https://www.mhc.tn.gov.in/judis 1/2

CRL.O.P(MD)No.810 of 2023 5.Considering the submissions made by the learned Government Advocate (Crl.side) and also the fact that the petitioner has more previous cases, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed. sd/- 12/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cmr To 1.The Inspector of Police, Alanganallur Police Station, Madurai District.

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

CRL.O.P(MD)No.810 of 2023 12.01.2023 TR/BUC/SAR-I(23.01.2023) 2P 3C https://www.mhc.tn.gov.in/judis 2/2