Madras High CourtCRL OP(MD)/12080/2023dismissed

Murugesan v. The Inspector Of Police

2023-07-04Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12080 of 2023 Murugesan ... Petitioner/ Sole Accused Vs The State Rep.by The Inspector of Police, Illupur Police Station Pudukottai District.

Cr.No.152/2023.

... Respondent/Complainant For Petitioner : M/s.Jameelarasu.B, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No. 152/2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 I.P.C. and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.152 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 25.06.2023 at about 4.00 p.m., the petitioner has illegally transported 1/3 units of sand using his tractor bearing registration No.TN 55 BV 0789. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has no way connected with the alleged occurrence. He will abide by any condition imposed by this Court. He prays for anticipatory bail.

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

4.The learned Government Advocate (Crl. Side) would submit that the petitioner is involved in another Crime No.381 of 2021 for similar offence, which is under trial. Pending the trial process, the the present offence stated to be committed. 5.It appears that even though trial process is under progress for the similar offence, the petitioner has not corrected himself. The above said bad antecedents dis-entitles the petitioner from claiming the benefit of anticipatory bail. This petition deserves to be dismissed.

6.Accordingly, this criminal original petition stands dismissed.

sd/- 04/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ILLUPUR POLICE STATION PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12080 of 2023 Date :04/07/2023 TM MK/08.07.2023 2P 3C https://www.mhc.tn.gov.in/judis 2/2