Madras High CourtCRL OP(MD)/3106/2021dismissed

Karuppasamy v. The Inspector Of Police

2021-02-26Honourable Mr Justice M. Nirmal Kumar2 pages

CRL OP(MD). No.3106 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.3106 of 2021 Karuppasamy ... Petitioner/Accused No.1 Vs The State Rep.by, The Inspector of Police, Sattur Police Station, Virudhunagar District, (Crime No.42 of 2021). ... Respondent/Complainant For Petitioner : Mr.S.T.Sasidharan Tamilkani, 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.42 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending 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 Regulation) Act, 1957, in Crime No.42 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused were said to have illegally transported 80 bags of river sand by using TATA ACE. Hence, the present complaint. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

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CRL OP(MD). No.3106 of 2021 5.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioner and others were said to have illegally transported 80 bags of river sand. 6.Considering the facts and circumstances of the case and also considering the fact that the petitioner is owner of the vehicle and the petitioner and others were found in possession of 80 bags of river sand, hence, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 26/02/2021 / TRUE COPY / / /2021 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, SATUR POLICE STATION, VIRUDHUNAGAR DISTRICT, 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.3106 of 2021 Date :26/02/2021 vsg PK/SMA/SAR-III/03.03.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2