Madras High CourtCRL OP/13148/2022dismissed

Shankar v. State Rep.By

2022-06-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventh day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13148 of 2022 SHANKAR [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUVALAM POLICE STATION, THIRUVALAM, VELLORE DISTRICT.

CR.NO.172 OF 2022.

For Petitioner : M/S.G.VINODHKUMAR Advocate For Respondent : MR. V.J.PRIYADARSANA, 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 offences punishable under Sections 379, 430 of IPC r/w 21(1) of Mines and Minerals (Development & Regulations) Act, 1957 in Crime No. 172 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the respondent police, on 19.04.2022, conducted a regular sand theft check up nearby Kamarajapuram Colony, near Ponneri River side and found that the petitioners were illegally transporting 1 unit of sovud sand in a TATA LPK bearing Registration No.TN-23-CM-9248 Eicher Mini Van. On seeing the police, the petitioner had abandoned the vehicle and escaped from the spot. Thereafter, the respondent police seized the vehicle with sovud sand and registered a FIR in Crime No.172 of 2022. Hence, the complaint.

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

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4. The learned Government Advocate (Criminal Side) would submit that the petitioner had six previous cases, which are similar in nature. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration that the bad antecedents of the petitioner, this Court had dismissed the earlier application filed by the petitioner and that there is no change of circumstances. Therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. -sd/- 07/06/2022 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, THIRUVALAM POLICE STATION, THIRUVALAM, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.VINODHKUMAR Advocate on payment of necessary charges CRL OP.13148/2022 Date :07/06/2022 RVR 21/06/2022 https://hcservices.ecourts.gov.in/hcservices/