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Madras High CourtCRL OP(MD)/2151/2021dismissed

Anandhan v. The Inspector Of Police

2021-02-15Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). Nos.2151 & 2165 of 2021 CRL OP(MD). No.2151 of 2021 Anandhan ... Petitioner/Accused Rank not Known Vs The State rep by The Inspector of Police, Anna Vasal Police Station, Pudukottai District Cr No. 69/2021. ... Respondent/Complainant For Petitioner : M/s.Muniyandi.S., Advocate.

For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.69 of 2021 on the file of the Respondent police.

CRL OP(MD). No.2165 of 2021 Anandhan ... Petitioner/Accused Vs Rank not Known The State rep by The Inspector of Police, Anna Vasal Police Station, Pudukottai District Cr No. 68/2021. ... Respondent/Complainant For Petitioner : M/s.Muniyandi.S., Advocate.

For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :- For Anticipatory Bail in Crime No.68 of 2021 on the file of the Respondent police.

COMMON ORDER The petitioner, who is the accused, apprehending arrest at the hands of the respondent police for the offences punishable under section 379 I.P.C. and Section 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act, 1957, on the file of the respondent police, in Crime Nos.68 and 69 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the drivers of the petitioner's vehicles said to have illegally transported 3 units of river sand in each cases. Hence, the complaints have been registered.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

4.The learned counsel appearing for the petitioners submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in these cases. He further submitted that the petitioner is only the owner of the tipper lorries and prayed for grant of anticipatory bail to the petitioner.

5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner was said to have illegally transported 3 units of river sand in two tipper lorries and the petitioner is the owner of the said tipper lorries and A1 is the driver of the lorry arrested by the respondent police and the petitioner is arrayed as A2 and prayed the petitions to be dismissed.

6. On enquiry, it is found that the petitioner is the owner of the tipper lorries and on his instructions, A1 transported river sand. In view of the above, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Hence, these petitions are dismissed.

sd/- 15.02.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 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, Anna Vasal Police Station, Pudukottai District

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

ORDER

IN CRL OP(MD) No.2151 of 2021 Date : 15/02/2021 VB PN SAR 1(23.02.2021) 3P 3C