Madras High CourtCRL OP(MD)/9213/2021dismissed

Hariharan v. The Inspector Of Police

2021-07-13Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD). No.9213 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.9213 of 2021 Hariharan ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Thanjavur West Police Station, Thanjavur, Thanjavur District.

(Crime.No.1124/2021) ... Respondent/Complainant For Petitioner : Mr.Raja.Karthikeyan, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.1124 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested on 28.06.2021 for the offences punishable under Sections 269,270,379 of IPC r/w.Section 21

(1) of Mines and Minerals (Development and Regulation)Act, 1957 in Crime No.1124 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 18.06.2021 near Venatrankarai Pumping Station the police party found a Mahindra Genio four wheeler bearing Reg.No.TN 20 BE 6576 coming from west to east. The police stopped the vehicle, driver got down and escaped. The occupant Sakthi @ Sakthivel was enquired. On enquiry the respondent police found one unit of sand was illegally transported, therefore the case came to be registered.

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CRL OP(MD). No.9213 of 2021 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 28.06. 2021, hence he seeks bail. 4.The learned Additional Public Prosecutor appearing for the respondent police opposed this petition on the ground that the investigation is not yet completed and the petitioner is having two similar previous cases in Crime Nos.37 of 2021 and 246 of 2020.

5. Taking into consideration all these facts and also the fact that the petitioner is having two similar previous cases and the fact that the investigation is not yet completed, this Court is not inclined to grant bail to the petitioner.

6. In the result, the petition stands dismissed. sd/- 13/07/2021 / 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, THANJAVUR WEST POLICE STATION, THANJAVUR, THANJAVUR DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, PABANASAAM, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.9213 of 2021 Date :13/07/2021 AAV MK/VR/SAR.V/15.07.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2