Ramesh v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/11/2023 PRESENT The Hon`ble Mr.Justice P. VADAMALAI Ramesh ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Melathur Police Station, Thanjavur District. Cr.No.47/2023. ... Respondent/Complainant For Petitioner : M/s.Sivachandran.P, Advocate.

For Respondent : Mr.R.Sureshkumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.47/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under section 379 I.P.C., and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No. 47 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner herein said to have illegally transported one unit of river sand.

3.The learned counsel for the petitioner would submit that it is a second anticipatory bail petition and the earlier petition filed by the petitioner was dismissed by this Court on 06.4.2023 and seeks anticipatory bail.

4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

5.On perusal of the records it is seen that it is a second anticipatory bail petition and the earlier petition filed by the petitioner was dismissed by this Court on

06.04.2023 in Crl.O.P(MD).No.6419 of 2023 on the ground that the petitioner is having four previous cases in similar nature.

6.Considering the facts and circumstances and also considering the fact that after dismissal of the earlier petition, there is no change of circumstance and hence, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 09/11/2023 / TRUE COPY /

/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TRP TO 1 THE INSPECTOR OF POLICE, MELATHUR POLICE STATION, THANJAVUR DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.19774 of 2023 Date :09/11/2023 RS/VRS/SAR-(24.11.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023