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Madras High CourtCRL OP(MD)/3140/2022dismissed

Rajaguru v. The Inspector Of Police

2022-03-07Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.3140 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/03/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.3140 of 2022

1. Rajaguru

2. Muthu @ Muthuraj ... Petitioners/Accused Nos.1&4 Vs The State Rep. By, The Inspector of Police, Saptur Police Station, Madurai District (Crime No. 66 of 2021).

... Respondent/Complainant For Petitioners: M/s.Palanisammy.T., Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 66 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused 1 & 4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 143, 188, 353, 506(i), 379 of IPC r/w 4(1) (1A), 21 (1) of Mines and Minerals Development and Regulation Act, 1957, in Crime No.66 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the petitioners along with other accused said to have illegally transported odai sand by using 7 Tractors. Hence, this complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this Case. He would further submit that this is the fourth anticipatory bail petition. He would further submit that except these petitioners all other accused have been granted bail and investigation has not yet been completed in this matter. Hence, he seeks anticipatory bail to the petitioner.

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CRL OP(MD). No.3140 of 2022 4.The learned Government Advocate (Crl.Side) appearing for the State would submit that earlier anticipatory bail application was dismissed by this Court on the ground that the petitioners are involved in similar cases in the year 2019. Noting that the bad antecedents of the petitioners, it was dismissed on 13.12.2021. 5.Considering the submission made by the learned Government Advocate (Crl.Side), I find no change of circumstances in this petition for considering this petition.

6.Accordingly, this Criminal Original Petition dismissed. sd/- 07/03/2022 / 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 SAPTUR POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.T.PALANISAMY, Advocate ( SR-1854[I] dated 09/03/2022 )

ORDER

IN CRL OP(MD) No.3140 of 2022 Date :07/03/2022 USK/VR/SAR-III/14.03.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2