Rajesh @ Thakkali Rajesh v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Sixth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23382 of 2021 1 RAJESH @ THAKKALI RAJESH [ PETITIONERS / ACCUSED ] 2 MAGESH @ MAGESWARAN 3 SAKTHIVEL Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KALMBUR POLICE STATION, THIRUVANNAMALAI DISTRICT.
CRIME NO.853 OF 2021.
For Petitioners : M/S.G.P.SIVAKUMAR Advocate For Respondent : MR.A.GOKULAKRISHNAN, Additional public Prosecutor 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 Section 307, 294(B), 353, 379, 430, 506(ii) of IPC and Sec.21(1) of MMDR Act in Cr.No.853 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the respondent police along with the subordinate conducted routine vehicle check up, at that time the petitioners were caught for illegally transporting one unit of river sand for which, the petitioner/A-1 abused the Government officials in filthy language and tried to dash them using the tractor and also escaped. Hence, the defacto complainant, who is the Revenue Inspector lodged a complaint against the petitioners. 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. https://hcservices.ecourts.gov.in/hcservices/
4.The learned Additional Public Prosecutor submitted that petitioners were caught in the hands of the respondent police for illegally transporting one unit of river sand for which, the petitioner/A-1 abused the Government officials in filthy language and tried to dash the officials and escaped from the spot. He further submitted that there are four previous cases pending against the petitioners. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and the previous cases pending against the petitioners and also threatened and attempted to dash the Government officials using the tractor, this court is not inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 06/12/2021 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, KALMBUR POLICE STATION, THIRUVANNAMALAI DSITRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.G.P.SIVAKUMAR Advocate on payment of necessary charges CRL OP.23382/2021 Date :06/12/2021 JPA 21/12/2021 https://hcservices.ecourts.gov.in/hcservices/