Madras High CourtCRL OP(MD)/19534/2021dismissed

Marimuthu v. The Inspector Of Police

2021-12-17Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.19534 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19534 of 2021 Marimuthu ... Petitioner/Sole Accused Vs The state represented by The Inspector of Police, Avudaiyarkovil Police Station, Pudukottai District.

(Crime No.422/2021). ... Respondent/Complainant For Petitioner : M/s.Lenin Kumar.T, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.422 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 01.12.2021 for the alleged offence under Sections 379 IPC r/w Section 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.422 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner has illegally transported 1⁄4 unit of river sand by using Bullock Cart. Therefore, the present case came to be registered. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. Hence, he seeks bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that the petitioner is having three previous cases similar in nature. If he released on bail, he may indulge in such activities in future also. Hence, he opposed to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19534 of 2021 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is having three previous cases in similar nature, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 17/12/2021 / 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 JUDICIAL MAGISTRATE ARANTHANGI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE SUPERINTENDENT, SUB-JAIL, ARANTHANGI..

4 THE INSPECTOR OF POLICE AVUDAIYARKOVIL POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.19534 of 2021 Date :17/12/2021 DSS SS/VR/SAR-IV/28.12.2021 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2