N.Pakkirisamy 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 N.Pakkirisamy ... Petitioner/Accused Vs The State rep.by, The Inspector of Police, Ammapettai Police Station, Thanjavur District.

(Crime No. 142 of 2019). ... Respondent/Complainant For Petitioner : M/s.Venkatesan S, 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 Crime No.142 of 2019 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 and Regulation) Act, 1957, in Crime No.142 of 2019, seeks anticipatory bail.

2.The prosecution case is that the petitioner has illegally transported 3 units of river sand by using his 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 3 units of river sand and hence, the case was registered. He further submitted that the petitioner is having Five previous cases to his credit. The details of the previous cases are as follows:

S.No Crime No.

Offences 1.

336/2012 294(b), 324, 506(2) of IPC 2.

127/2020 379 of IPC r/w 21(4) Mines & Minerals Act 3.

162/2020 4(1)(a) TNP Act- CON 4.

322/2021 379 of IPC, r/w 21(4) Mines & Minerals Act 5.

891/2021 147, 148, 294(b), 341, 324, 307 of IPC r/w 3(1) (r), 3(1)(s), 3(2) (v) SC/ST Act

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.) 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.

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TO 1.THE INSPECTOR OF POLICE, AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.17186 of 2021 Date :02/11/2021 RK/JM/SAR-II(11/11/2021) 3P 3C 3/3