Rajesh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/03/2025 PRESENT The HONOURABLE MR. JUSTICE R. SAKTHIVEL Rajesh ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, M.Kallupatti Police Station, Madurai District.
Crime No.59/2020.
... Respondent/Complainant For Petitioner : Mr. P.Suresh Advocate For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.59/2020 on the file of the respondent Police. ORDER : The Court made the following order :- 1/4
This Criminal Original Petition has been filed by the petitioner on 20.03.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant pre-arrest bail.
2. The petitioner / accused No.1, apprehends arrest at the hands of the respondent-Police for the offence punishable under Section 379 of IPC and Section 21
(5) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.59 of 2020, on the file of the respondent police, seeks bail.
3. The case of the prosecution is that on 18.03.2025, at about 19.15 hours, on receiving a secret information, the respondent - Police conducted a vehicle check up at that time, the petitioner's Tractor bearing Regn.No. TN 25 K 6871 along with trailer without having registration Number driven by A2, along with A3's Tractor and Trailer driven by A4 were carrying illegally excavated river sand one unit in each trailer. Hence, the case.
4. Mr.P.Suresh, the learned counsel for the petitioner, submits 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. He however submits 2/4
that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of pre-arrest bail to the petitioner.
5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Crl. side), appearing for the respondent-Police, submits that there are 7 previous cases pending against the petitioner, out of which, two cases are similar in nature. He further submits that the investigation of the case is pending. Hence, he strongly opposes to grant pre-arrest bail to the petitioner.
6. Heard both sides and perused the records.
7. Considering the antecedents of the petitioner and also considering the fact that the petitioner has two previous cases in similar nature, this Court is of the view that if the petitioner is released on pre-arrest bail, he will commit the similar offence again. Hence, this Court is not inclined to grant pre-arrest bail to the petitioner.
8. Accordingly, this Criminal Original Petition is dismissed. sd/- 24/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP 3/4
TO 1 THE INSPECTOR OF POLICE, M.KALLUPATTI POLICE STATION, MADURAI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.5372 of 2025 Date :24/03/2025 HPS/SAR / 22.04.2025/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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