Madras High CourtCRL OP(MD)/3498/2022dismissed

Durai v. The Inspector Of Police

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

CRL OP(MD). No.3498 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.3498 of 2022 Durai ... Petitioner/Accused(Rank not known) Vs The State represented by The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

(Crime No.148 of 2021). ... 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.148 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends 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.148 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner has illegally transported one unit of river sand. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioner is innocent and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl. side) appearing for the respondent police would submit that the petitioner has 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.

5.Considering the seriousness and gravity of the offence alleged and also the fact that the petitioner is having six previous cases, out of which, three cases for similar offence as https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3498 of 2022 stated by the learned Government Advocate (Crl. side), this Court is not inclined to grant anticipatory bail to the petitioner. 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 AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.3498 of 2022 Date :03/03/2022 (2/3) SS/SBN/SAR:II/09.03.2022 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2