Madras High CourtCRL OP/1931/2022dismissed

Parthiban v. State Rep By

2022-01-31Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirty First day of January Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.1931 of 2022 PARTHIBAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KATPADI POLICE STATION, VELLORE DISTRICT.

CRIME NO. 468 OF 2021.

For Petitioner : M/S. M.SATHISH KUMAR Advocate For Respondent : MR. S.BALAJI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 379 & 430 of IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957 in Crime No.468 of 2021 seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was involved in illegal transportation of one unit of river sand by using a Bullock cart and the same was seized by the respondent police. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that the petitioner had illegally transported one unit of river sand by using a Bullock cart without any valid permit and he further submitted that there are three previous cases pending against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the gravity of offence and the earlier anticipatory bail petition was dismissed by this Court and since there is no change of circumstances pointed out by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is dismissed. -sd/- 31/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, KATPADI POLICE STATION, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.SATHISH KUMAR Advocate on payment of necessary charges CRL OP.1931/2022 Date :31/01/2022 RW 04/02/2022 https://hcservices.ecourts.gov.in/hcservices/