Jayavel v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.01.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.434 of 2021 Mr.Jayavel, ... Petitioner Vs.

State Rep. by Inspector of Police, Dusi Police Station, Tiruvannamalai District.

(Crime No.2295 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime No.2295 of 2020 pending on the file of the respondent.

For Petitioner : Mr.A.Saranraj For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) Totally, there are two accused and the petitioner is arrayed as 1st accused. He apprehends arrest at the hands of respondent police for the alleged offence punishable under Section 294(b), 353, 307, 379 and 430 of I.P.C. r/w Section 21(5) of Mines and Minerals Act, 1957 and Section 3(2) of T.N.Property (Prevention of Damage and Loss) Act, 1992 in Crime No.2295 of 2020 and now, he has filed the above petition seeking for anticipatory bail.

2. The case of the prosecution is that the petitioner is the owner of vehicle. On the date of occurrence, the petitioner along with other accused have transported river sand illegally. When the defacto complainant, being Inspector of Police waylaid the lorry, they have tried to run over the lorry and also attempted to kill the defacto complainant. That apart, they have also damaged the river bund and committed illegal quarry. In the said circumstances, the criminal case has been registered against the petitioner. https://hcservices.ecourts.gov.in/hcservices/

3. I have heard and considered the submissions made by the learned counsel appearing for petitioner as well as Additional Public Prosecutor and perused the records.

4. Taking into consideration of the fact that the petitioner has tried to run over the lorry, attempted to kill the defacto complainant, who is Inspector of Police, also damaged the river bund and committed illegal quarry, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 18/01/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1.The Judicial Magistrate, Cheyyar, Thiruvannamalai Dt.

2.The Inspector of Police, Dusi Police Station, Thiruvannamalai Dt.

3.The Public Prosecutor, High Court of Madras, Chennai.

CC to M/S. A.SARANRAJ Advocate on payment of necessary charges CRL OP.434/2021 Date :18/01/2021 ksm22/01/2021 https://hcservices.ecourts.gov.in/hcservices/