Madras High CourtCRL OP(MD)/20968/2021dismissed

Samiya @ Sami Ayya v. The Sub Inspector Of Police

2021-12-29Honourable Mrs Justice S.Ananthi (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon'ble Mrs.Justice S.ANANTHI CRL OP(MD). No.20968 of 2021 Samiya @ Sami Ayya ... Petitioner/Accused No.1 Vs The State rep.by its The Sub Inspector of Police, Nanguneri Police Station, Tirunelveli District.

(Crime No.57/2020).

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

For Respondent : M/s.K.Sanjai Gandhi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.57/2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of IPC in Crime No.57 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has illegally transported half a unit of river sand in a TATA ACE bearing No.TN 69 AH 9281. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

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4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner herein is having four previous cases in the same nature and out of that one case was already disposed.

5. Considering the nature of offence, the overt act attributed against the petitioner and also the fact that four previous cases are pending against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner herein. 6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn 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.

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.20968 of 2021 Date :29/12/2021 https://hcservices.ecourts.gov.in/hcservices/ SP/JC/SAR III/03/01/2022/2P/3C