CRL OP(MD)/18045/2017 of RAMASAMY, Vs THE SUB INSPECTOR OF POLICE, on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18045 of 2017

RAMASAMY ... PETITIONER/ACCUSED No.1

Vs

THE STATE REP.BY,THE SUB INSPECTOR OF POLICE, ERAL POLICE STATION, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.

(CRIME NO.385 OF 2017) ... RESPONDENT/COMPLAINANT

For Petitioner : M/S.P.MUTHUPANDI Advocate For Respondent : MR.K.ANBARASAN, Government Advocate(Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police forthe alleged offence punishable under Sections 379 IPC in CrimeNo.385 of 2017 on the file of the respondent police, the petitionerhas come forward with this petition seeking anticipatory bail.

2. The case of the prosecution is that on 23.12.2017 therespondent police has conducted a surprise raid on the bank ofThamirabarani River, while so, the petitioner and other accusedperson were illegally taken river sand through 407 mini lorry andtwo-wheeler. On seeing the respondent police, the petitioner alongwith others were fled away from the scene of occurrence and lefttheir vehicle on the middle of the river. Hence a case has beenregistered against the petitioner and other accused person for theabove said offence.

4. The learned counsel for the petitioners submitted that thepetitioner is innocent and he has been falsely implicated in thiscase.

5.Learned Government Advocate (Crl. Side) would submit thathttps://hcservices.ecourts.gov.in/hcservices/the petitioner is having one previous case.

6. Considering the facts and circumstances of the case andtaking note of the fact that the petitioner is having one previouscase, this Court is not inclined to grant anticipatory bail to thepetitioner. Accordingly, this criminal original petition isdismissed.

sd/- 28/12/2017 / TRUE COPY /

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE SUB INSPECTOR OF POLICE, ERAL POLICE STATION, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.

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