Madras High CourtCRL OP(MD)/9655/2020dismissed

Madhivanan v. The Inspector Of Police

2020-09-11Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD). No.9655 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.9655 of 2020 MADHIVANAN ... PETITIONER/ACCUSED NO.1 VS STATE REP.BY THE INSPECTOR OF POLICE, ILAIYANGUDI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.331/2020.

... RESPONDENT/COMPLAINANT For Petitioner : Mr.R.Balamuruganantham, 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.331/2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C., r/w Section 21(4) of Mines and Minerals (Development and Regulations) Act, 1957, in Crime No.331 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused said to have illegally transported five units of river sand by using vehicle. 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.9655 of 2020 4.The learned counsel appearing for the petitioner submitted that the the petitioner is the owner of the vehicle only and he is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. 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 the petitioner is having three previous cases of similar in nature.

6.Considering the facts and circumstances of the case and also considering the fact that the petitioner is having three previous cases of similar in nature 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/- 11/09/2020 / 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 ILAIYANGUDI POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9655 of 2020 Date :11/09/2020 vsg JM/JC/SAR III/16.09.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2