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Madras High CourtCRL OP(MD)/7981/2021ordered

Abdullah v. The Inspector Of Police

2021-06-18Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD). No.7981 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.7981 of 2021 Abdullah ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Lalgudi Police Station, Trichy District.

Crime No.218/2021.

... Respondent/Complainant For Petitioner : Mr.S.Arokiya Selva Ramesh, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 218/2021 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 alleged offence punishable under Section 379 of IPC, in Crime No.218 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 21.03.2021 at about 4.00 hrs when the respondent police was engaged in preventing the offences relating to illegal sand mining they found a lorry bearing Reg. No TN 22 CP 7759 and on seeing the police one person escaped from the scene and on search they found the lorry with three units of river sand. During enquiry it came to light the petitioner has transported sand from the Kollidam river, hence the case came to be registered.

3. The learned counsel for the petitioner would submit that this is the second anticipatory bail petition and the earlier petition was dismissed by this Court on 07.04.2021 in Crl.O.P(MD) No. 4980 of 2021 and after that his father was arrested and detained https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.7981 of 2021 under Act.14. There is no male member in the family to take care of his family. Apprehending arrest he has filed the present petition.

4. The learned Government Advocate(Crl.Side) would submit that investigation is not yet completed and three previous case of similar nature are pending against the petitioner in Lalgudi Police Station in Crime No. 152/2018, 348 of 2018 and 218/2021, hence he opposed to grant bail to the petitioner.

5. Taking note of the above facts and circumstances of the case and the fact that three previous case of similar nature are pending against the petitioner and also the fact that there is no change in the circumstances of the case to consider the petition, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Hence the petition stands dismissed.

sd/- 18/06/2021 / 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, LALGUDI POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.7981 of 2021 Date :18/06/2021 AAV MS/AKM/SAR-2/23.06.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2