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Madras High CourtCRL OP(MD)/19421/2016dismissed

M. Uthayaganth v. The Inspector Of Police

2016-10-20Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.19421 of 2016 M. UTHAYAGANTH ... PETITIONER / ACCUSED No.1 Vs STATE THROUGH INSPECTOR OF POLICE PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT, CR NO. 154 OF 2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.R.A.RAMACHANDHRAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC in respect of Crime No.154 of 2016, the petitioner has come forward with this petition seeking anticipatory bail.

2.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

3. The case of the prosecution is that on 17.09.2016, the petitioner along with two other accused illegally transported one unit of sand and when they were stopped by the Police party, they ran away from the scene of occurrence, which resulted in registration of the above case against him.

4. Learned Government Advocate (Crl.Side) would submit that there are 14 previous cases against him and that the petitioner is a habitual offender.

5. Learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle and he never committed the offences as alleged by the prosecution.

6. Taking note of the fact that the petitioners have very bad antecedents, this Court is of the view that custodial interrogation of the petitioner is absolutely necessary in this case and https://hcservices.ecourts.gov.in/hcservices/

therefore, this Court is not inclined to grant anticipatory bail to him.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 20/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT, 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

JAM/07.11.16/SS 2/SAR-1/2P-3C

ORDER

IN CRL OP(MD) No.19421 of 2016 Date :20/10/2016 https://hcservices.ecourts.gov.in/hcservices/