Madras High CourtCRL OP/15001/2021dismissed

Nithyanandam v. State Rep By

2021-08-23Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Third day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15001 of 2021 NITHYANANDAM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE SUB-INSPECTOR OF POLICE, KOTTAPPATTI POLICE STATION, DHARMAPURI DISTRICT.

CR.NO.98/2021.

For Petitioner : M/S. J.PRADEEP Advocate For Respondent : MR.C.E.PRATAP 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 Sections 379 of IPC, r/w section 21(1) and 21(4) of Mines and Minerals(Development &Regulation) Act, 1957 in Crime No.98 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was involved in illegal transportation of 1/2 unit of river sand by using tractor.

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 for grant of bail to the petitioner.

4.The learned Government Advocate would submit that this is the second bail application filed by the petitioner and this Court has already dismissed the earlier bail application of the petitioner. The petitioner along with other accused person have illegally transported 1/2 unit of river sand by using tractor and there is no previous case pending. Hence, he vehemently opposed for grant of bail to the petitioner.

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5. Considering the gravity of offence and the earlier bail petition was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 23/08/2021 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 SUB-INSPECTOR OF POLICE, KOTTAPPATTI POLICE STATION, DHARMAPURI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. J.PRADEEP Advocate on payment of necessary charges CRL OP.15001/2021 Date :23/08/2021 RW 01/09/2021 https://hcservices.ecourts.gov.in/hcservices/