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Madras High CourtCRL OP(MD)/4684/2021dismissed

Murugan v. The Sub Inspector Of Police

2021-04-07Honourable Mr Justice G. Chandrasekharan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.4684 of 2021 Murugan ... Petitioner/Accused No.1 Vs The State rep by The Sub Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

Cr.No. 559 of 2021. ... Respondent/Complainant For Petitioner : M/s.Kannan R, Advocate.

For Respondent : Mr.K.Dinesh Babu, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.559 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 alleged offences punishable under Section 379 IPC in Crime No.559 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused illegally transported one unit of river sand by using 407pickup bearing registration No.TN 30 U 7634. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. He further submitted that the coaccused in this case released on bail vide order made in Crl.O.P. (MD)No.13661 of 2020, dated 01.12.2020. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police strongly opposed this petition by stating that the petitioner is involved in a serious offence of sand theft and he is having four previous cases, which are similar in nature. https://hcservices.ecourts.gov.in/hcservices/

5.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

6.It is seen that the petitioner along with other accused illegally transported one unit of river sand by using 407-pickup bearing registration No.TN 30 U 7634. It is also seen from the submission of the learned Additional Public Prosecutor that the petitioner is having four previous cases, which are similar in nature. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 07.04.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 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 Sub Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

ORDER

IN CRL OP(MD) No.4684 of 2021 Date : 07/04/2021 VB/SMA/SAR-III (17/04/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/