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Madras High CourtCRL OP(MD)/15891/2023dismissed

Sakthivel v. The Inspector Of Police

2023-09-04Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15891 of 2023 Sakthivel ... Petitioner/ Accused No.5 Vs The State represented by The Inspector of Police, Iluppur Police Station, Pudukkottai District, Cr.No.161 of 2023.

... Respondent/Complainant For Petitioner : M/s.P. Ganapathi Subramanian Advocate.

For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.161 of 2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 379 of IPC read with Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.161 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 09.07.2023, when the police team was on patrol duty near Sathiyanathapuram, found two tipper lorries loaded with 3 units of gravel sand without valid permit and the driver of the vehicle escaped on seeing the police. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.side) would submit that the earlier application of the petitioner was dismissed by stating that this petitioner is having one previous case in similar nature. There is no change in circumstances.

5. Considering the submission of the learned Government Advocate (Crl.side) that there is no change in circumstances, this Court is not inclined to grant relief to the petitioner herein.

6. Accordingly, this Criminal Original Petition stands dismissed. sd/- 04/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN

TO THE INSPECTOR OF POLICE ILLUPUR POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15891 of 2023 Date :04/09/2023 SS/VR/13/09/2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023