Nirupan Sakkaravarthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.11039 of 2021 NIRUPAN SAKKARAVARTHI, ... PETITIONER/SOLE ACCUSED VS THE STATE REP BY ITS, THE INSPECTOR OF POLICE, EMANESWARAM POLICE STATION, RAMANTHAPURAM DISTRICT.

(CRIME NO. 2/2021).

... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.JEYAKARTHIK.M.S., ADVOCATE.

FOR RESPONDENT : MR.T.SENTHILKUMAR, GOVERNMENT ADVOCATE (CRL.SIDE) PRAYER :- For Anticipatory Bail in Crime No. 2 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 offence punishable under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957 in Crime No.2 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 07.01.2021, the petitioner had illegally transported one unit of kanmai sand by using tractor. Hence, the present case came to be registered. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the earlier petition filed by the petitioner for anticipatory bail in Crl.O.P.(MD)No.4289 of 2021 was dismissed as withdrawn on 25.03.2021. He further submitted that the petitioner has two similar previous cases in Cr.No.21 of 2014 under Sections 379 & 430 IPC and Section 21(IV)MMDR Act and in Cr.No.54 of 2018 under Section 379 IPC and Section 21(IV) MMDR Act. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the nature of allegation levelled against the petitioner and also the fact that the petitioner has two previous cases, which are similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

Sd/- 10/08/2021 / 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.

TO 1.THE INSPECTOR OF POLICE, EMANESWARAM POLICE STATION, RAMANTHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.11039 of 2021 Date :10/08/2021 GC/JM/SAR-I/23/08/2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/