Madras High CourtCRL OP(MD)/11692/2022dismissed

Muniyaraj v. The Inspector Of Police

2022-07-06Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11692 of 2022

1. Muniyaraj

2. Mariselvam ... Petitioners/Accused 1 & 5 Vs State rep.by The Inspector of Police, Maraneri Police Station, Virudhunagar District.

(Crime No.107 of 2022).

... Respondent/Complainant For Petitioners : M/s.Karunanidhi R, 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.107 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 & 5, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1057, in Crime No.107 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that petitioners have illegally transported 1 unit of gravel sand by using Tractor. Hence, the complaint https://www.mhc.tn.gov.in/judis

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in

this case. He further submitted that the petitioners are only owners of the vehicle and they were not at all present in the place of occurrence in the above said theft of sand. Further submitted that accused No.2 to 4 have been arrested and remanded. Because, they were involved in the occurrence. On that ground, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the first petitioner is concerned 1 previous case in Crime No.227 of 2020, which is similar in nature is pending. Insofar as the second petitioner is concerned, Crime No.148 of 2021, which is similar in nature is also pending. 5.It appears that the petitioners facing similar charge. After getting bail, they indulged in very same occurrence, in this case also. So, considering the conduct of the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 06/07/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

dss TO

1. THE INSPECTOR OF POLICE, MARANERI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.11692 of 2022 Date :06/07/2022 https://www.mhc.tn.gov.in/judis SP/SVR/SAR I/14/07/2022/2P/3C