Madras High CourtCRL OP/22457/2021dismissed

Mayilvaganam v. State By

2021-11-26Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Sixth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.22457 of 2021 MAYILVAGANAM [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AMBUR TALUK POLICE STATION, VELLORE DISTRICT.

CRIME NO.365 OF 2021 For Petitioner : M/S. N.SUDHARSAN Advocate For Respondent : MR.S.BALAJI, 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 for the alleged offence punishable under Sections 379 and 430 of IPC and 21(1) of MMDR Act, 1957, in Crime No.365 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. This is the second anticipatory bail application filed before this Court. The case of the prosecution is that the petitioner had illegally transported 1 unit of river sand. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) submits that earlier this Court dismissed the petitioner's anticipatory bail application in Crl.O.P.No.11746 of 2021 dated 08.07.2021 on the ground that the https://hcservices.ecourts.gov.in/hcservices/

petitioner is said to have illegally transported one unit of river sand. He further submits that there are two previous case and there is no change of circumstances. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. In view of the fact that there being no change of circumstances pointed out, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 26/11/2021 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, AMBUR TALUK POLICE STATION, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. N.SUDHARSAN Advocate on payment of necessary charges CRL OP.22457/2021 Date :26/11/2021 JPA 03/12/2021 https://hcservices.ecourts.gov.in/hcservices/