✦ Madras High Court

CHELLADURAI v. THE INSPECTOR OF POLICE CSCID POLICE STATION

Case at a glance

Key paragraphs

  • Para 33. On an earlier occasion, the petitioner filed Crl.O.P.(MD)No.12266 of 2010 before this Court seeking anticipatory bail. The said petition was dismissed by this Court on 28.10.2010. Despite the same, the petitioner has not either chosen to surrender before the respondent police or before the…

Judgment

Cause title

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Wednesday, the Second day of November Two Thousand ElevenPRESENTTHE HON`BLE MR.JUSTICE S.NAGAMUTHUCRL OP(MD) No.13973 of 2011CHELLADURAI ... PETITIONER

/SIGLE ACCUSED VsTHE INSPECTOR OF POLICE CSCID POLICE STATION, MADURAI, MADURAI DISTRICT, CRIME NO.438/2010 ... RESPONDENT

/COMPLAINANTFor Petitioner : M/S. V.KANNAN AdvocateFor Respondent : MR.K.S.DURAI PANDI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER :

The Court Made the following order :- The petitioners are accused in Crime No.438 of 2010 on the file of the respondent police for offences under Section 6(4) of TNSC(RDCS) Order 1982 read with 7(1)(A)(ii) of EC Act 1955. Apprehendingarrest, he is before this Court seeking anticipatory bail.

2.

According to the case of prosecution, the petitioner is the owner cum driver of the lorry, which was found carrying 100 bags of rice meant for public distribution system.

3.

On an earlier occasion, the petitioner filed Crl.O.P.(MD)No.12266 of 2010 before this Court seeking anticipatory bail. The said petition was dismissed by this Court on 28.10.2010. Despite the same, the petitioner has not either chosen to surrender before the respondent police or before the Court, however, he has come up with this petition. It has been held by this Court that when once a petition for anticipatory bail is dismissed on merits, a second petition cannot be entertained, unless there are total change in circumstances. In this case, the petitioner has not brought to the notice of this Court that there is any change in circumstances. The very same grounds, on which, the earlier petition was dismissed still subsist. On these grounds the petition deserves to be dismissed. In such view of the matter, this petition is dismissed. sd/- 02/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.)TO1. THE INSPECTOR OF POLICE, CSCID POLICE STATION, MADURAI, MADURAI DISTRICT.2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+1. CC to M/S. V.KANNAN Advocate SR.No.37758SR : 04.11.2011 : 1P/4C ORDER IN CRL OP(MD) No.13973 of 2011 Date :02/11/2011

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