Madras High CourtCRL OP(MD)/9217/2022ordered

V.Durai v. The Sub Inspector Of Police

2022-05-18Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL OP(MD). No.9217 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.9217 of 2022 V.Durai, ... Petitioner/3rd Accused Vs State Rep by The Sub Inspector of Police, Melathur Police Station, Thanjavur.

Crime.No.40 of 2022.

... Respondent/Complainant For Petitioner : M/s.Punithan T.A., Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.40 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused No.3, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 379 IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957, in Crime No.40 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner has illegally transported three units of river sand by using JCB. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case.

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CRL OP(MD). No.9217 of 2022 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner has transported three units of river sand illegally and earlier the petitioner and other two accused filed a petition in Crl.O.P(MD).No.2824 of 2022 for anticipatory bail and the same was dismissed by this Court on 03.03.2022. He would further submit that A1 and A2 were absconding. 5.Considering the facts and circumstances of the case and also considering the nature of the offences levelled against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed.

sd/- 18/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RMK TO

1. The Sub Inspector of Police, Melathur Police Station, Thanjavur.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.A.PUNITHAN, Advocate ( SR-4847[I] dated 20/05/2022 ) ORDER IN CRL OP(MD) No.9217 of 2022 Date : 18/05/2022 TR/VR/SAR-IV(23.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2