The Madurai Bench of the Madras High Court dismissed a petition for anticipatory bail under Section 438 Cr.P.C. The petitioner, accused of illegally transporting gravel, argued lack of police action for his security, but the court found no change in circumstances warranting bail.
The criminal original petition for anticipatory bail is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL OP(MD). No.11055 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 14/09/2023
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CRL OP(MD). No.11055 of 2023
Manikandan ... Petitioner/Accused
Vs
The Inspector of Police, M Pudhupattai Police Station, Virudhunagar District. Crime No.119 of 2021. ... Respondent/Complainant
For Petitioner : M/s.Bharathiveerakumar.J., Advocate. For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
PRAYER :-
C-33AB.For Anticipatory Bail in Crime No.119 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The petitioner, who apprehends arrest at the
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CRL OP(MD). No.11055 of 2023
hands of the respondent police in connection with a
case in Crime No.119 of 2021, for the offences punishable under Sections 379 and 353 of IPC r/w Section 22(1) of the Mines and Minerals (Development and Regulation) Act, 1957, seeks anticipatory bail.
28.07.2021, the petitioner along with other accused
had illegally transported eight units of gravel by using tipper lorry. Hence, the complaint.
19.08.2021 has dismissed the application filed by
this petitioner considering his antecedent, the respondent police has not shown any interest in securing this petitioner. Therefore, the petitioner
has filed another application seeking for anticipatory bail.
dismissed this Criminal Original petition considering
the petitioner's antecedents. However, in order to
CRL OP(MD). No.11055 of 2023
verify whether any steps have been taken by the
respondent police for securing this petitioner, this petition is ordered to be listed today (14.09.2023)
5.It appears that no steps have been taken
by the respondent police for securing the petitioner.
6.Since there is no change in circumstances,
this Criminal Original Petition is dismissed.
(B P J) 14.09.2023
VRN
TO
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CRL OP(MD). No.11055 of 2023
B.PUGALENDHI,J
VRN
ORDER IN CRL OP(MD) No.11055 of 2023
Date : 14/09/2023
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2 issues framed by the court
Whether anticipatory bail shall be granted when the petitioner faces apprehension of arrest in connection with offences under Sections 379 and 353 IPC r/w Section 22(1) of the Mines and Minerals (Deve
Whether lack of action by the police to secure the petitioner entitles him to anticipatory bail.
1 provisions across 1 enactments
Manikandan
The Inspector of Police, M Pudhupattai Police Station, Virudhunagar District
B. PUJALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
