Madras High CourtCRL OP(MD)/12381/2020dismissed

Murugan v. The Sub Inspector Of Police

2020-11-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.12381 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/11/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.12381 of 2020 Murugan ... Petitioner/Accused No.1 Vs State Rep. by The Sub Inspector of Police, CSCID, Uthamapalayam Police Station, Madurai, (In Crime No.184 of 2019).

... Respondent/Complainant For Petitioner : Mr.J.Lawrance, Advocate.

For Respondent : Mr.Kr.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.184 of 2019 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 6(4) of TNSC (RDCS) Order 1982 r/w Section 7(i)(a)(II) of Essential Commodities Act, 1955, in Crime No.184 of 2019 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and others were found in illegal possession of 285 Plastic Bags of rice (each contains 50 kgs). Hence, the crime has been registered. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that the petitioner 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.

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CRL OP(MD). No.12381 of 2020 5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there are three previous cases pending against the petitioner of similar in nature. 6.Considering the facts and circumstances of the case and also considering the fact that there are three previous cases pending against the petitioner of similar in nature and the petitioner is a habitual offender, hence, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 04/11/2020 / 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 SUB INSPECTOR OF POLICE, CSCID, UTHAMAPALAYAM POLICE STATION, MADURAI.

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

+1. CC to M/S.J.LAWRANCE Advocate SR.No.7335

ORDER

IN CRL OP(MD) No.12381 of 2020 Date :04/11/2020 vsg JM/PN/SAR III/11.11.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2