Madras High CourtCRL OP(MD)/795/2022dismissed

Vigneshwaran v. The Inspector Of Police

2022-01-20Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.795 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2022 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.795 of 2022 Vigneshwaran ... Petitioner/Accused Vs The Inspector of Police, Ammapettai Police Station, Thanjavur District.

(Crime No.1243 of 2020) ... Respondent/Complainant For Petitioner : M/s.Mahendren T, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1243 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged non-bailable offences punishable under Section 379 of IPC r/w 21(4) of Mines and Minerals Act, in Crime No.1243 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally transported half unit of river sand by using Bolero Pickup Van. Hence, the present case has been registered.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he is falsely implicated in this case.

4. Heard the learned Government Advocate appearing for the respondent Police.

5. This is the second anticipatory bail petition filed by the petitioner and the earlier petition filed by the petitioner in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.795 of 2022 Crl.O.P(MD) No.11651 of 2021 was dismissed on 19.08.2021, after elaborately considering the points raised by the petitioner. However, the application filed by the petitioner is without referring the change of circumstances to consider the case. Since there is no change of circumstances and also considering the antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 20/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE, AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.795 of 2022 Date :20/01/2022 vji MS/JM/SAR-1/03.02.2022/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2