Madras High CourtCRL OP(MD)/21024/2021dismissed

Murugan v. The Sub Inspector Of Police

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

CRL OP(MD). No.21024 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.21024 of 2021 Murugan ... Petitioner/Sole Accused Vs The State rep.by, The Sub Inspector of Police, Thiruppuvanam, Sivagangai District.

(Crime No.71/2020) ... Respondent/Complainant For Petitioner : Mr.J.Gunaseelanmuthiah, 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.71 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC and r/w 21(1) of the Mines and Minerals (Development and Regulation) Act, in Crime No.71 of 2020, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has illegally transported 3 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.

4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the petitioner is having four previous cases of 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.21024 of 2021

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.

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 THIRUPPUVANAM, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.21024 of 2021 Date :29/12/2021 TTA MK/PN/SAR.II/03.01.2022/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2