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Madras High CourtCRL OP(MD)/19269/2021dismissed

Samiya @ Sami Ayya v. The Sub Inspector Of Police

2021-12-06Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.19269 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19269 of 2021 Samiya @ Sami Ayya ... Petitioner/Accused No.1 Vs The State rep.by The Sub Inspector of Police, Nanguneri Police Station, Tirunelveli District.

(Crime No.57 of 2020).

... Respondent/Complainant For Petitioner : M/s.SUNDARAPANDIAN.S., 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.57 of 2020 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 offence punishable under section 379 of IPC, in Crime No.57 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner has illegally transported 1⁄4 unit of river sand by using Tata Ace bearing Registration No.TN-69-AH-9281. Therefore, the present case came to be registered.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He would submitted that the matter is of the year 2020 and the vehicle was not seized. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) for the respondent police submitted that the petitioner has transported 1⁄4 unit of rive sand illegally by vehicle. He further submitted that https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19269 of 2021 the petitioner is having two previous cases similar in nature. Among which, one case has been disposed of and another case is pending. 5.The matter is of the year 2020 is not the ground for granting anticipatory bail and the petitioner is continuously involved in such activities.

6.Considering the above fact, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 06/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 SUB INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.19269 of 2021 Date :06/12/2021 SA/PN/SAR.2/15.12.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2