Madras High CourtCRL OP(MD)/20700/2021dismissed

Palpandi v. The Inspector Of Police

2022-01-27Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.20700 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2022 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.20700 of 2021 Palpandi ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Rajapalayam Police Station, Virudhunagar District (Crime No. 125 of 2021).

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

For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 125 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner apprehending arrest for the offence punishable under Sections 379 IPC, 4(1)(1A) and 21(1) of Mines and Mineral (Development and Regulation) Act, 1957 in Crime No.125 of 2021 on the file of the respondent Police seeks anticipatory bail. 2.The prosecution case is that the petitioner illegally transported 1 1⁄2 unit sand. Hence the complaint. 3.Learned Counsel for the petitioners submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution, but, a false case has been foisted as against him.

4.The learned Additional Public Prosecutor would submit that this is the fourth application for anticipatory bail. Earlier applications filed by this petitioner were dismissed on the ground https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.20700 of 2021 that the the petitioner has involved in three previous cases. 5.It appears that the application filed by the petitioner is without referring the change of circumstances to consider the case. Since there is no change of circumstances and considering the antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 27/01/2022 / TRUE COPY / / /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, Rajapalayam Police Station, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.20700 of 2021 Date :27/01/2022 RS/PN/SAR.1(02.03.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2