Madras High CourtCRL OP(MD)/15973/2021dismissed

K.Mari v. The Inspector Of Police

2021-10-12Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRL OP(MD). No.15973 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.15973 of 2021 K.Mari

...Petitioner/Sole Accused

Vs State rep. by The Inspector of Police, Bazar Police Station, Ramanathapuram District.

(Crime No.419 of 2021) ... Respondent/Complainant For Petitioner : Mr.Murali.R, Advocate.

For Respondent : Mr.M.Muthumanikkam, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER : For Anticipatory Bail in Crime No.419 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as sole accused, apprehending arrest at the hands of the respondent police for the offence punishable under Section 379 I.P.C. And Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.419 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 22.09.2021 the petitioner illegally transported one unit of river sand by using Tractor. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and a false case has been foisted against him. Hence, he seeks anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor on instructions, submitted that the quantity of sand involved is one unit of river https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.15973 of 2021 sand and the petitioner is also having two previous cases similar in nature. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

5.Taking into consideration the fact that there is no change in circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Hence, this Criminal Original Petition stands dismissed. sd/- 12/10/2021 / TRUE COPY / / /2021 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, BAZAR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.15973 of 2021 Date :12/10/2021 VSD/CSM MS/PN/SAR-2/20.10.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2