Madras High CourtCRL OP(MD)/17023/2022dismissed

Kani @ Arumugakani v. The Inspector Of Police

2022-09-22Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.17023 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.17023 of 2022 Kani @ Arumugakani ... Petitioner/3rd Accused Person Vs The State rep.by, The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

(Crime No.40/2020).

... Respondent/Complainant For Petitioner : M/s.Anto Prince.G, 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 Cr No.40/2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC and Section 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.40 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with the other accused have illegally transported 1 unit of river sand by using Tempo. Hence, the complaint.

3. The learned counsel for the petitioner submitted that this the second anticipatory bail petition, earlier anticipatory bail Petition filed by the petitioner in Crl.OP(MD)No.9911 of 2022 was dismissed on 20.06.2022, on the ground that the petitioner is having a similar case in crime No.118 of 2019. This petition has been filed https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.17023 of 2022 on the ground that investigation in Crime No.40 of 2020 has been completed and the final report was also filed before the concerned Court. According to him, this is the change of circumstances of this case.

4. The petitioner, who is continuously involved in illegal sand mining activities is not at all entitled for the discretionary of anticipatory bail. Accordingly, this Criminal Original Petition is dismissed.

sd/- 22/09/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO

1. The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.17023 of 2022 Date :22/09/2022 RK/SSS/SAR-1 (02/11/2022) 2P/3C https://www.mhc.tn.gov.in/judis 2/2