Sankar v. The Inspector Of Police

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.20972 of 2021 Sankar ... Petitioner/Accused No.1 Vs State rep by The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

(Crime No. 462 of 2021). ... Respondent/Complainant For Petitioner : Mr. Kishore Kumar.S., Advocate.

For Respondent : Mr.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. 462 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC and r/w 21(1) Mines and Minerals (Development and Regulation) Act 1957, in Crime No.462 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused persons have illegally transported the two units of river sand without any valid permission. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person, that he is not having any previous case at his credit.

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4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the petitioner is having three previous cases, in which, two cases are similar in nature and also submitted that the investigation is yet to be completed and the custodial interrogation of the petitioner is very much necessary in this case. Hence, he strongly opposed for grant of anticipatory bail to the petitioner.

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

Sd/- 29/12/2021 / TRUE COPY / / /2022 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.

TO

1. THE INSPECTOR OF POLICE, SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.20972 of 2021 Date : 29/12/2021 VB/VR/SAR-III/03.01.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/