Madras High CourtCRL OP(MD)/9355/2020dismissed

G.K.Pandiyan v. The Inspector Of Police

2020-09-04Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD).No.9355 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN CRL OP(MD).No.9355 of 2020 G.K.Pandiyan, ... Petitioner/Accused No.2 Vs The State, represented by The Inspector of Police, Ammapet Police Station, Thanjavur District.

Crime No.128 of 2019.

... Respondent/Complainant For Petitioner : Mr.S.Venkateshan, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.128 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A2, apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of IPC and Section 21(4)of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.128 of 2019 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner said to have illegally transported two and half unit of river sand by using a Tipper Lorry. Hence, a complaint has been registered. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

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CRL OP(MD).No.9355 of 2020 4.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The petitioner is not having any bad antecedent and hence, he prayed for grant of anticipatory bail to the petitioner. 5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there are two previous cases pending against the petitioner and he is a habitual offender. 6.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Criminal Side) that there are two previous cases pending against the petitioner and he is a habitual offender, I am not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 04/09/2020 / TRUE COPY / / /2020 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, AMMAPET POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.9355 of 2020 Date :04/09/2020 vsd AE/VR/SAR-II (09.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2