Anantha Raj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Anantha Raj ... Petitioner/Accused Rank not known Vs The State Rep.by, The Inspector of Police, Q Branch Cid, Madurai District (Crime No.1 of 2021). ... Respondent/Complainant For Petitioner : M/s. Vishnuvardhan.S, Advocate.

For Respondent : Mr.T.Senthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1 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 alleged offence punishable under Sections 120B, 370 and 420 IPC and Sections 12(1)(a) of Passport Act 1967 and 14(A)(b) and 14(c) of Foreigners Act 1946 in Crime No.1 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that one Kannan @ Maiyuran was involved in the illegal migration of people from one country to another country. On 27.04.2021, the said Kannan @ Maiyuran promised some 23 persons of Srilanka, that he will help them to reach Canada by illegally crossing the borders from Srilanka without any valid travel documents and received a sum of Rs.6 lakhs to 10 lakhs, so that they can earn higher income in Canada. Believing the words of the said Kannan @ Maiyuran, the said 23 persons on 27.04.2021 without any valid travel documents has boarded in three fibre boats 1/3

and crossed the border and in the deep sea, they were shifted to one launch boat and travelled all over night and reached Thoothukudi Port next day on 28.04.2021. After that they were all shifted to one small boat and dropped in Thoothukudi and thereafter, they reached Madurai through a Government bus. One Ashok and Kasi picked them up in a van and they stayed in a company belonging to one Kasi. As the neighbour began to question about this 23 people the said Ashok and Kasi shifted them to Vinayaga Body Building companhy situated in the Kappalur SIDCO Campus. Hence, the complaint. 3.The learned counsel for the petitioner submits that the petitioner is a fisher man and on the date of occurrence, he went to sea for fishing through his boat nearby Thoothukudi Port.

At that time, one unknown person made a request to drop some persons in the port and on the request, he helped and dropped the said persons in the Thoothukudi Port. He further submits that the petitioner is an innocent and only based on the confession statement given by the co-accused, namely, Nicolas @ Karuthapandi, he was implicated in this case.

4.The learned Government Advocate (Crl. side) strongly opposed this petition on the ground that the petitioner is a habitual offender and is history sheet rowdy and he is having three previous cases.

5.Considering the nature of offence and the antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 14/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

sji 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.

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TO 1.THE INSPECTOR OF POLICE Q BRANCH CID, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10467 of 2021 Date :14/09/2021 RK/VR/SAR-III (23.09.2021) 3P 3C 3/3