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Madras High CourtCRL OP(MD)/16779/2022dismissed

R.Manikandan v. The Inspector Of Police

2022-09-20Honourable Mr Justice G.Ilangovan2 pages

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.16779 of 2022 R.Manikandan ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Perumalpuram Police Station, Tirunelveli City.

(Crime No.160/2022).

... Respondent/Complainant For Petitioner : M/s.Saravanan S, Advocate.

For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.160/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C., in Crime No.160 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 3 units of saral sand by using the vehicle. Therefore, the present case came to be registered. 3.The earlier application that has been filed by the petitioner was dismissed on the ground that the petitioner is having four previous cases similar in nature.

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

4.The learned counsel for the petitioner submitted that the petitioner is running the vehicle for hire purpose and without the knowledge of the petitioner, the driver has illegally transported the mines. All the previous cases are foisted against the petitioner.

5.It appears that the petitioner is involved in similar activity and he is a habitual offender, which dis-entitles the petitioner's claim. I find no change of circumstances. This petition deserves to be dismissed.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 20/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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, PERUMALPURAM POLICE STATION, TIRUNELVELI CITY.

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

ORDER

IN CRL OP(MD) No.16779 of 2022 Date :20/09/2022 SP/GB/SAR I/14/10/2022/2P/3C https://www.mhc.tn.gov.in/judis