BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14142 of 2011 MURUGAN : PETITIONER/ACCUSED NO.2 Vs. THE STATE REP.BY THE SUB INSPECTOR OF POLICE KARIVALAMVANTHANALLUR POLICE STATION, CRIME NO.245/2011, TIRUNELVELI DISTRICT. : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.RAGAVENTHRE Advocate For Respondent : Mr. K.S.DURAIPANDIAN Additional Public Prosecutor 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 in Crime No.245 of 2011, on the file of the respondent police for offences under Sections 287, 337, 304(a) r/w 379 of the Indian Penal Code, the petitioner is now before this Court seeking anticipatory bail. 2. According to the case of the prosecution, the petitioner is indulging in illegal sand mining and while transporting the sand, the tractor, belonging to the petitioner, met with an accident, in which a boy, who was sitting in the tractor, died. In respect of the said occurrence, the present case has been registered. 3. The learned Counsel for the petitioners would submit that the other accused have been granted anticipatory bail, and therefore, the petitioner is also entitled for anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 4. The learned Additional Public Prosecutor would submit that the petitioner has got yet another previous case, and therefore, he is not entitled for anticipatory bail. 5. I have considered the above submissions. From the records, it could be seen that despite registration of case, the petitioner has been indulging in illegal sand mining. Such a person, acting against the interest of the society, cannot expect this Court to grant anticipatory bail. Though it is true that the other accused have been granted anticipatory bail, that will not be a ground for him to seek such a prayer. Since the petitioner has got a previous case. I am not inclined to grant anticipatory bail to him. Therefore, this Criminal Original Petition is dismissed. Sd/- 04/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 2. THE SUB INSEPCTOR OF POLICE, KARIVALAMVANTHANALLUR POLICE STATION, TIRUNELVELI DISTRICT. +1 CC to M/S. S.RAGAVENTHRE Advocate SR.No.38186 ORDER IN CRL OP(MD) No.14142 of 2011 Date :04/11/2011 NSV/10.11.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/