The Madurai Bench of Madras High Court dismissed an application for anticipatory bail. The court declined relief primarily because the petitioner had two previous cases in similar legal nature involving transport offenses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 10/08/2021
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CRL OP(MD)No.11039 of 2021
NIRUPAN SAKKARAVARTHI, ... PETITIONER/SOLE ACCUSED
VS
THE STATE REP BY ITS, THE INSPECTOR OF POLICE, EMANESWARAM POLICE STATION, RAMANTHAPURAM DISTRICT. (CRIME NO. 2/2021). ... RESPONDENT/COMPLAINANT
FOR PETITIONER : M/S.JEYAKARTHIK.M.S., ADVOCATE. FOR RESPONDENT : MR.T.SENTHILKUMAR, GOVERNMENT ADVOCATE (CRL.SIDE) PRAYER :-
For Anticipatory Bail in Crime No. 2 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :-
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957 in Crime No.2 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 07.01.2021, the petitioner had illegally transported one unit of kanmai sand by using tractor. Hence, the present case came to be registered.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.
4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the earlier petition filed by the petitioner for anticipatory bail in Crl.O.P.(MD)No.4289 of 2021 was dismissed as withdrawn on 25.03.2021. He further submitted that the petitioner has two similar previous cases in Cr.No.21 of 2014 under https://hcservices.ecourts.gov.in/hcservices/ Sections 379 & 430 IPC and Section 21(IV)MMDR Act and in Cr.No.54 of 2018 under Section 379 IPC and Section 21(IV) MMDR Act.
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5.Considering the nature of allegation levelled against the petitioner and also the fact that the petitioner has two previous cases, which are similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.
Sd/10/08/2021 / TRUE COPY /
/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
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
2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN
CRL OP(MD) No.11039 of 2021 Date :10/08/2021 GC/JM/SAR-I/23/08/2021/2P/3C
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail given prior similar cases and the nature of allegations.
Whether a prior order withdrawing a similar petition affects the present bail application.
NIRUPAN SAKKARAVARTHI
THE STATE REP BY ITS, THE INSPECTOR OF POLICE, EMANESWARAM POLICE STATION, RAMANTHAPURAM DISTRICT
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
