Madras High CourtCRL OP(MD)/21021/2021dismissed

Santhanathagam v. The Inspector Of Police

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

CRL OP(MD). No.21021 of 2021 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.21021 of 2021

1. Santhanathagam

2. Vanaraja @ Vanaraj ... Petitioners/Accused Nos.2 & 3 Vs The State rep.by The Inspector of Police, Saptur Police Station, Madurai District.

(Crime No. 280 of 2021).

... Respondent/Complainant For Petitioners : M/s.PALANISAMY.T., 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. 280 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.2 & 3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC and r/w 4(1)(1A), 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.280 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the accused person have illegally transported the river sand without any valid permission. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons, that they are not having any previous case at their credit.

4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the investigation is yet to be completed. He further submitted that the first petitioner is having ten previous cases to his credit and the second petitioner is having three previous cases to his credit.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.21021 of 2021

5. Considering the nature of offence and the antecedents of the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. 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.

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 SAPTUR POLICE STATION, MADURAI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.21021 of 2021 Date :29/12/2021 MK/CN/SAR.II/03.01.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2