Madras High CourtCRL OP(MD)/16145/2022dismissed

Kannan v. The Inspector Of Police

2022-09-07Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD).No.16145 of 2022 Kannan ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, Maraneri Police Station, Virudhuagar District.

(Crime No.138/22).

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

For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.138/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 286 of IPC and Section 9(B)(1)(a) of Indian Explosives Act, 1884 in Cr.No.138 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was in illegal possession of fire works without permit. The petitioner is not having any valid licence at the time of seizure. Hence the complaint.

3.The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. The petitioner is the owner of a fire works company namely M/s.Jeyaram fireworks and pray the petitioner to be released on anticipatory bail.

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4.The learned Government Advocate(Crl.side) submitted that there are totally two accused in this case. The petitioner is the first accused. The second accused was surrendered and got bail. The fireworks bundle was seized from the petitioner's house and and pray the petition to be dismissed.

5.Considering the facts and circumstances of this case and considering the nature of the offence, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this petition is dismissed.

Sd/- 07/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO

1. THE INSPECTOR OF POLICE, MARANERI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.16145 of 2022 Date :07/09/2022 SP/SVR/SAR I/19/09/2022/2P/3C https://www.mhc.tn.gov.in/judis