Karunanithi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN Karunanithi, ... Petitioner/Accused No.6 Vs State Rep by The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

Cr.No. 229 of 2020..

... Respondent/Complainant For Petitioner : Mr.K.Navaneetharaja, Advocate.

For Respondent : Mr.M.Chandra Sekaran Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.229 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A6, apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.229 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused were said to have illegally transported three units of river sand by using three numbers of lorries. Hence, a complaint has been registered.

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

4.The learned counsel appearing for the petitioner submitted 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. Hence, he prayed for grant of anticipatory bail to the petitioner.

5.The learned Additional Public Prosecutor, on instructions, submitted that there are thirteen previous cases pending against the petitioner in the very same police station. He further submitted that he is a habitual offender and particulars in this regard have also been produced before this court.

6.This is the second application and there is no change of circumstances to entertain this application. Considering the facts and circumstances of the case and also considering the submission made by the learned Additional Public Prosecutor that there are thirteen previous cases pending against the petitioner in the very same police station and he is a habitual offender and particulars in this regard have also been produced before this Court, in the above circumstances, I am not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this criminal original petition is dismissed. sd/- 24/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsg 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.

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TO

1. The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.7592 of 2020 Date : 24/07/2020 TR/RSK/SAR-III(27.07.2020)3P 3C 3/3