Madras High CourtCRL OP/19837/2021dismissed

D.Kumar @ Nalinkumar v. State Rep By

2021-10-26Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19837 of 2021 1 D.KUMAR @ NALINKUMAR [ PETITIONERS / ACCUSED ] 2 K.PALANI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DUSI POLICE STATION, THIRUVANNAMALAI DISTRICT (CRIME NO.504 OF 2021) For Petitioners : M/S.G.PUNNIAKOTI 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 for the alleged offence under Sections 379, 430 of IPC r/w 21(5) of Mines and Minerals Act in Crime No.504 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners were involved in illegal transportation of one unit of river sand by using tipper lorry.

3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submitted that the petitioners have illegally transported one unit of river sand by using tipper lorry and this is the second anticipatory bail application filed by the petitioners and this Court has already https://hcservices.ecourts.gov.in/hcservices/

dismissed the earlier anticipatory bail application of the petitioners in Crl.O.P.No.13515 of 2021 dated 09.08.2021. Hence, he opposed to grant anticipatory bail to the petitioners. 5.Considering the gravity of offence and the earlier anticipatory bail petition was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this criminal original petition is dismissed. -sd/- 26/10/2021 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, DUSI POLICE STATION, THIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. G.PUNNIAKOTI Advocate on payment of necessary charges CRL OP.19837/2021 Date :26/10/2021 JPA 29/10/2021 https://hcservices.ecourts.gov.in/hcservices/