Mahendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14528 of 2018 MAHENDRAN ... PETITIONER / ACCUSED NO.2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, EALAYIRAMPANNAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.143 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.PR BOOMEE RAJAN Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offence punishable under Section 379 of I.P.C. r/w Section 4(1) (1A), 21 (1) of Mines and Minerals Act, 1957 in Crime No.143 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that on 24.06.2018, the petitioner has transported the sand illegally without valid permission. Hence, a case has been registered. 3.Heard the learned counsel appearing for the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of sand involved is 2 unit and the same was recovered.

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5. It is seen that the petitioner already filed anticipatory

bail before this Court in Crl.O.P.(MD)No.10805 of 2018 and the same was dismissed as withdrawn on 29.06.2018. This petitioner is the habitual offender under Section 379 of I.P.C. r/w Section 4(1) (1A), 21 (1) of Mines and Minerals Act.

6.Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed. sd/- 21/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, EALAYIRAMPANNAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

PS/JC/SAR-2:12/09/2018:2P/3C

ORDER

IN CRL OP(MD) No.14528 of 2018 Date :21/08/2018 https://hcservices.ecourts.gov.in/hcservices/