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Madras High CourtCRL OP(MD)/7589/2023dismissed

Anand v. The Inspector Of Police

2023-04-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.7589 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.7589 of 2023 R.Anand, ... Petitioner/Accused 1 Vs The State rep.by The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli.

Crime No.47 of 2023.

... Respondent For Petitioner : Mr.T.LAJAPATHI ROY, Senior Advocate for M/s.LAJAPATHI ROY AND ASSOCIATES For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.47 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 468, 469, 470 and 420 of I.P.C., in Crime No.47 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the de-facto complainant is the owner of the stone quarry. On 10.04.2023, the petitioner along with A2 and A3 were loaded the stones from the quarry by showing fabricated permits. Hence, the case.

3.Heard. Perused the materials available on record including the First Information Report.

4.There are three accused involved in this case, in which, the petitioner is arrayed as A1. Admittedly, the petitioner, who is the owner of the two lorries, had transported blue metal stone by showing fabricated permits. The second and third accused are the drivers of the lorries and only on the production of permits given https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.7589 of 2023 by the petitioner, they transported so many blue metal stones from the quarry. Therefore, the petitioner is the master mind behind the entire crime and he only fabricated the Government document with seal and handed over to A2 and A3 to transport blue metal stones. Therefore, the custodial interrogation of the petitioner is very much required in this case. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

5.Accordingly, this petition is dismissed.

sd/- 24/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE INSPECTOR OF POLICE, VIJAYANARAYANAM POLICE STATION, TIRUNELVELI.

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

ORDER

IN CRL OP(MD) No.7589 of 2023 Date :24/04/2023 SA/BUC/SAR.1/27.04.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2