Mathiyalagan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Mathiyalagan ... Petitioner/Accused No.2 Vs State rep by The Inspector of Police, Manikandam Police Station, Trichy District.

Crime No. 116 of 2024 ... Respondent/Complainant For Petitioner : Mr.B.Mahendrarajan Advocate.

For Respondent : Mr.B.Thanga Aravindh Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.116 of 2024 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 the offences punishable under Sections 303(1) of BNS Act and Section 21(1) of Mines 1/3

and Minerals, in Crime No.116 of 2024, seeks anticipatory bail.

2. On an earlier occasion ie on 07.11.2024 in Crl.O.P.(MD) No.19205 of 2024, this Court passed the following order:

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor (Criminal Side), on instructions, submitted that the petitioner was in judicial custody in some other case and that on 29.10.2024, a formal arrest was made in this case in Crime No.638 of 2024. The relevant document was also placed before this Court.

3. The learned counsel for the petitioner submitted that the petitioner has already been released on bail in the other case and presently he is not inside the jail.

4. In the considered view of this Court, when a formal arrest has been made in the present case in Crime No.638 of 2024 as per the materials placed before this Court, there is no scope to grant anticipatory bail to the petitioner. Anticipatory bail is granted only to a person who apprehends arrest and not a person who has already been formally arrested in a case.

5. In view of the above, no further orders can be passed in this petition and accordingly, the same is closed. It is left open to the petiitoner to work out his remedy in the manner known to law.

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6. In the result, this Criminal Original Petition stands closed.

3. In view of the above, this Court is of the view that, no further orders can be passed in this petition. Hence, this criminal original petition is dismissed accordingly. sd/- 02/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SMA TO 1 THE INSPECTOR OF POLICE, MANIKANDAM POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.22775 of 2024 Date :02/01/2025 SA/SA/SAR. /13.02.2025/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3