K.Anantharaj v. The Inspector Of Police

CRL OP(MD)No.7617 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.7617 of 2021 K.Anantharaj ... Petitioner/Accused No.3 Vs State rep by The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

(In Crime No.412 of 2020) ... Respondent/Complainant For Petitioner : M/s.Bhagavathsingh, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.412 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 offences punishable under Sections 147, 323, 353, 379 IPC and Section 21(1) of the Mines an Minerals (Development and Regulation)Act, 1957 in Crime No.412 of 2020, seeks anticipatory bail.

2.The case of the prosecution is that on 12.11.2020, at about 03.00 pm., when the police party conducted vehicle search, they found the petitioner and others illegally transported river sand by using lorry bearing registration No.TN 43 A 9876. Hence, the present complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.7617 of 2021 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioner is having two previous cases and one is under Section 302 of IPC. He further submitted that in the FIR, it is clearly mentioned that in this case the defacto complainant is none other than the Village Administration Officer of Pullankudi and the petitioner herein and four others are hailing from Pullankudi Village. The defacto complainant is well aware about the name of the petitioner. On the date of occurrence, the defacto complainant stopped the vehicle and asked the petitioner to get down from the lorry, at that time the petitioner and others pushed the defacto complainant, who is a public servant and took away the lorry. Hence, he opposed. 5.

It is seen that earlier anticipatory bail petition was dismissed on 09.03.2021. There is no change in circumstances since the dismissal of the earlier anticipatory bail petition. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 16/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 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, DEVIPATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.7617 of 2021 Date :16/06/2021 KM:RSK:SAR1(22.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2