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Madras High CourtCRL OP(MD)/14131/2022dismissed

Prasanth @ Usul v. The Inspector Of Police

2022-08-25Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14131 of 2022 Prasanth @ Usul ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Kollidam Police Station, Trichy District.

(Crime No.92 of 2022).

... Respondent/Complainant For Petitioner : M/s.Ganapathi Subramanian.P, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.92 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.92 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has illegally transported 1⁄4 unit of river sand by using bullock cart. Therefore, the present case came to be registered. https://www.mhc.tn.gov.in/judis

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner has transported river sand illegally. He further submitted that there are two previous cases pending against the petitioner, out of which, Crime No.67 of 2022 on the file of Kollidam Police Station is similar in nature and the other case is under Section 302 IPC. 5.Considering the fact that the petitioner is a habitual offender, since he is having two previous cases, in which, one case is similar in nature. Hence, the petitioner is not entitled for any discretionary relief from this Court and this Court is not inclined to grant anticipatory bail.

6.Accordingly, this Criminal Original Petition stands dismissed.

Sd/- 25/08/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. THE INSPECTOR OF POLICE, KOLLIDAM POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.14131 of 2022 Date :25/08/2022 SP/VR/SAR I/06/09/2022/2P/3C https://www.mhc.tn.gov.in/judis