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Madras High CourtCRL OP(MD)/6757/2022dismissed

Manikandan v. The Inspector Of Police

2022-04-25Honourable Mr Justice K.Murali Shankar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.6757 of 2022 Manikandan ... Petitioner/Accused Sole Vs State rep.by The Inspector of Police, Nadukaveri Police Station, Thanjavur District.

(Crime No.119 of 2022).

... Respondent/Complainant For Petitioner : M/s.Dhilipan Pandian R.L., Advocate. For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.119 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No. 119 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused were found in illegal possession of 1⁄4 unit of river sand by using bullock cart. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner along with other have transported 1⁄4 unit of river sand illegally. He would further submit that the petitioner is having five previous cases for similar offence.

5.Considering the seriousness and gravity of the offence alleged and also the fact that the petitioner is having five previous cases for similar offence, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 25/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) 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, NADUKAVERI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.6757 of 2022 Date :25/04/2022 SP/JM/SAR IV/28/04/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/