Palaniyappan v. The Inspector Of Police

CRL OP(MD). No.16743 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16743 of 2022 Palaniyappan ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, Thirumayam Police Station, Pudukottai District.

(Crime No.121/2022).

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

For Respondent : Mr.RMS.Sethutaman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.121/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of IPC r/w Section 21(1), 21(2) of Mines and Minerals Development and Regulation Act, in Crime No.121 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners have transported 6 units of rough stone, without any valid permit. Hence, the complaint.

3.The learned counsel for the petitioner submitted that even though the petitioner is having licence to quarry the rough stones, because of the expiry of the permit, the present case has been registered and the respondent police have registered the case for their statutory purpose. In respect of A1, anticipatory bail was granted and this petitioner is A2.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.16743 of 2022 4.The earlier application that was filed by the petitioner along with A1 was dismissed in respect of this petitioner on the ground that this petitioner is having one previous case similar in nature at his credit. When the petitioner is having a similar case and after obtaining bail, he again alleged to have committed similar offence, I find absolutely no change of circumstances. This petition deserves to be dismissed.

5.Accordingly, this Criminal Original Petition is dismissed. sd/- 20/09/2022 / TRUE COPY / /10/2022 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 THIRUMAYAM POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16743 of 2022 Date :20/09/2022 TM MK/SBN/SAR.I/17.10.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2