S Raja (Yeliraja) v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM S. Raja (Yeliraja), ... Petitioner/Sole Accused Vs The Sub Inspector of Police, Ammapettai Police Station Thanjavur District Crime No. 881/2023.
... Respondent/Complainant For Petitioner : M/s. Mahendren.T, Advocate.
For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No. 881 of 2023 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 1/3
police for the offences punishable under section 379 IPC r/w. 21(4) of Mines and Mineral (Development and Regulation), Act, 1957 in Crime No.881 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner herein has illegally transported 1⁄2 unit of river sand by using TATA 407 vehicle. Hence, the complaint.
3. The leaned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case and hence, he seeks anticipatory bail.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that it is a second anticipatory bail petition and the petitioner herein is having 3 previous cases in similar nature and hence, he strongly, opposed to grant anticipatory bail to the petitioner.
5. Considering the serious nature of offence committed by the petitioner and also submission made by the learned Government Advocate (Crl. Side) appearing for 2/3
the respondent and that there is no change of circumstances after withdrawal of the earlier petition in Crl.O.P(MD).No.19988 of 2023, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. sd/- 28/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO THE SUB INSPECTOR OF POLICE AMMAPETTAI POLICE STATION THANJAVUR DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.21421 of 2023 Date :28/11/2023 PKP/DD/SAR- /06.12.2023/ 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3