Palpandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/05/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.7067 of 2021 Palpandi, ... Petitioner/Accused No.1 Vs The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

Cr.No. 124 of 2021.

... Respondent/Complainant For Petitioner : M/s.Pandian M, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- C-33AB. For Anticipatory Bail in Crime No.124 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 I.P.C, 4(1)(1A) and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.124 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had illegally transported 11⁄2 unit of river sand by using Tractor bearing Registration No.TN-84-K-3144. Hence, this case has been registered.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any

offence as alleged by the prosecution and the petitioner has been falsely implicated in the present case and hence, he seeks anticipatory bail.

4.The learned Additional Public Prosecutor, on instructions, would submit that the petitioner is A1 and he had transported 11⁄2 unit of river sand without valid permission. Apart from this case, there are three previous cases pending against him, in which, two cases are similar in nature and one case is under Sections 323, 506 (ii) and Section 4 of Women Harassment Act. Hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Taking into consideration the facts and circumstances of the case and also the fact that the petitioner is having three previous cases, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed. sd/- 26/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 ssb TO 1 THE INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.7067 of 2021 Date :26/05/2021 CN:SKN:SAR4(31.05.2021)3P C3 https://hcservices.ecourts.gov.in/hcservices/