Madras High CourtCRL OP/17833/2021dismissed

Vadivel v. The State Rep By

2021-09-24Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fourth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17833 of 2021 1.VADIVEL [ PETITIONERS / ACCUSED ] 2.ETTIPATTU SAKTHI @ SATHIYASEELAN Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ORATHY POLICE STATION, CHENGALPATTU DISTRICT.

(CR NO.181/2021) For Petitioner : M/S. G.MOHAMMED ASEEF 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 petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147, 353, 307, 430, 379 of IPC, r/w. Section. 21(1) of Mines and Minerals Act, in Crime No.181 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons have joined together and attempted to illegally transport the lake sand by using tractor and tipper which was prevented by the Special Sub-Inspector of Police. At that time, the petitioners dashed the SSI using tractor. Hence, the complaint.

3. The learned counsel for the petitioners submits that the petitioners did not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submits that this is petitioner's second application and the petitioners's earlier application was dismissed by this Court on 08.09.2021 in Crl.O.P.No.16342 of 2021. However, he opposed for grant of anticipatory bail to the petitioners.

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5. Considering the gravity of the offence also the considering the fact that after the dismissal of the earlier application, there is no change of circumstances, this Court is not inclined to grant bail to the petitioners.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 24/09/2021 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 INSPECTOR OF POLICE, ORATHY POLICE STATION, CHENGALPATTU DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. G.MOHAMMED ASEEF Advocate on payment of necessary charges CRL OP.17833/2021 Date :24/09/2021 CSK 01/10/2021 https://hcservices.ecourts.gov.in/hcservices/