K.Mohan @ Sakthisaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/11/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.17106 of 2021 K.Mohan @ Sakthisaran ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

(Crime No.668 of 2021).

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

For Respondent : Mr/sP.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime.No. 668 of 2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of IPC and Section 21(4) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.668 of 2021, seeks anticipatory bail.

2.The prosecution case is that the petitioner has illegally transported three units of river sand by using his Tipper Lorry. Hence, the complaint.

3.Learned Counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution, but, a false case has been foisted as against him.

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4.Learned Government Advocate(Crl.side) appearing for the respondent police submitted that the petitioner has illegally transported thee units of river sand and hence, the case was registered. He further submitted that that the petitioner is having three previous cases to his credit. The details of the previous cases are as follows:

S.No Crime No.

Offences Police Station 1.

1134/2020 379 of IPC 21(4)-M&N (D&R) Act 2.

166/2019 379 of IPC 21(4)-M & N ( D& R) Act 3.

57/2019 379 of IPC 21(4)-M & N (D& R) Act Ammapet Police Station

5. Considering the nature of offence and the antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 02/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

tta 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 Inspector of Police, Ayyampettai Police Station, Thanjavur District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.17106 of 2021 Date :02/11/2021 SP/JM/SAR III/12/11/2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/