Madras High CourtCRL OP(MD)/2824/2022dismissed

Durai v. The Inspector Of Police

2022-03-03Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.2824 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.2824 of 2022

1. Durai

2. Muthumani

3. Balaji ... Petitioner/Accused 2 to 4 Vs The State represented by The Inspector of Police, Melattur Police Station, Thanjavur District.

Crime No.40 of 2022 ... Respondent/Complainant For Petitioner : M/s.Senthil Murugan.C., Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.40 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/A2 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulations) Act in Crime No.40 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners have illegally transported one unit of river sand. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl. side) appearing for the respondent police would submit that the petitioners have transported one unit of river sand illegally. He would further submit that the petitioner is having six previous cases, out of which, three cases for similar offence; second petitioner is having 11 previous cases, out of which, eight cases for similar offence; and the third petitioner is having 11 previous cases, out of which, six cases for similar offence.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2824 of 2022 5.Considering the seriousness and gravity of the offence alleged and also the facts that the petitioner is having six previous cases, out of which, three cases for similar offence, that second petitioner is having 11 previous cases, out of which, eight cases for similar offence and that the third petitioner is having 11 previous cases, out of which, six cases for similar offence, this Court is not inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 03/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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 MELATTUR POLICE STATION, THANJAVUR DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.2824 of 2022 Date :03/03/2022 (1/3) SS/SBN/SAR:II/09.03.2022 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2