Suresh @ Eli v. The Inspector Of Police

CRL OP(MD). No.13427 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13427 of 2022 Suresh @ Eli ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, M.Kallupatti Police Station, Madurai District.

Cr.No.63/2022.

... Respondent/Complainant For Petitioner : M/s.S.Balaji, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.63/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 379 I.P.C., and Sections 21(5) of MMDR Act, 1957 in Crime No. 63 of 2022 on the file of the respondent police, seek/s anticipatory bail. 2.The case of the prosecution is that the petitioner said to have illegally transported 5 bags of Oodai sand by using his Two Wheeler bearing Regn. No. TN 59 Y 3242. Hence, a complaint. 3.On the previous occasion it was submitted by the petitioner counsel that only for purpose of constructing his own house, he has transported the sand. Hence, this Court directed the respondent police to verify about the statement of the petitioner. 4.The learned Government Advocate (Crl.

Side) appearing for the respondent police would submit that no such construction is going on in the place, which belongs to the petitioner. He would further submit that earlier the petitioner has moved the anticipatory bail petition on the very same ground in different crime number on the file of the respondent police and he is repeatedly doing the same activities in small quantity.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13427 of 2022 5.Considering the habit of the petitioner and that he has given a false information to this Court that he has transported the sand only for constructing his own house and that he is having previous case in similar nature, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 02/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, M.KALLUPATTI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13427 of 2022 Date :02/09/2022 TRP RS/SBN/SAR.2 (19.09.2022) 2P-3C https://www.mhc.tn.gov.in/judis 2/2