Madras High CourtCRL OP/10820/2022dismissed

Rajesh v. The State Rep By

2022-05-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.10820 of 2022 RAJESH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, GUDIYATHAM TALUK POLICE STATION, VELLORE DISTRICT.

(CRIME NO.365/2021) For Petitioner : M/S E.KANNADASAN Advocate For Respondent : MR.R.KISHORE KUMAR, 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 punishable under Sections 379, 430 IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.365 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 23.07.2021 when the respondent police and his subordinates were in patrol duty at Pattuvampatti Palar, on seeing the police party, the driver of Swaraj Mazda Mini Van bearing registration No.TN 74 AB 1825 was abandoned the vehicle and escaped from the place of occurrence and the respondent police went there and made a search and found 1 unit of sand. Hence, the respondent police registered a case against the petitioner and tried to arrest him.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.side) submits that this is a second bail application and his earlier bail petition was dismissed on 23.08.2021 in Crl.O.P.No.14985 of 2021 and he has five previous cases. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Taking into consideration the allegations and also his earlier bail petition was dismissed and he has five previous cases, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 19/05/2022 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, GUDIYATHAM TALUK POLICE STATION, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S E.KANNADASAN Advocate on payment of necessary charges CRL OP.10820/2022 Date :19/05/2022 CSK 26/05/2022 https://hcservices.ecourts.gov.in/hcservices/