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Madras High CourtCRL OP(MD)/18117/2023dismissed

Kalyani Sundaram @ Kalyani v. The Sub Inspector Of Police

2023-10-11Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM Kalyani Sundaram @ Kalyani ... Petitioner/Accused - 2 Vs The State represented by The Sub Inspector of Police, Murappanadu Police Station, Thoothukudi.

Cr.No.38 of 2022.

... Respondent/Complainant For Petitioner : Mr.C.Venkatesh, Advocate For Respondent : Mrs.M.Aasha, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.38 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for 1/3

the offences punishable under Section 379 of IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.38 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused were illegally transported two units of river sand by using tipper lorry. Hence, the case. 3.The learned counsel appearing for the petitioners would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail. 4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the petitioner is having six previous cases, out of which, two previous cases are similar in nature. Therefore, she strongly objected to grant anticipatory bail to the petitioner.

5.Heard both sides and perused the materials available in the record. 6.Considering the facts and circumstances of the case and considering the bad 2/3

antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 11/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE SUB INSPECTOR OF POLICE MURAPPANADU POLICE STATION, THOOTHUKUDI.

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

ORDER

IN CRL OP(MD) No.18117 of 2023 Date :11/10/2023 SS/JGB/SAR- /07/11/2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3