Madras High CourtCRL OP/5180/2022dismissed

Backkiyaraj v. The State By

2022-03-04Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5180 of 2022 BACKKIYARAJ [ PETITIONER / ACCUSED ] Vs THE STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VIRUDHACHALAM POLICE STATION, CUDDALORE DISTRICT.

For Petitioner : M/S.S.SENTHILNATHAN Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.280 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent police were on regular patrol, they found that the petitioner had illegally transported 5 units of white clay in a Tarus vehicle bearing Regn.No.TN-52-Z-3233 without permit.

3. The learned counsel for the petitioner has submitted that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he pleads to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) raised an objection on the ground that they found that the petitioner had illegally transported 5 units of white clay in a Tarus lorry bearing Regn.No.TN-52-Z-3233 without permit.

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5. The petitioner being the driver of the lorry fully aware of the illegal act committed by him and on seeing the raiding party, he has run away from the scene of occurrence.

6. Considering the facts and circumstances of the case and also the submissions made by both counsel, this Court finds no reason to entertain this petition. Since the petitioner had involved in illegal mining of river sand and exploitation of the natural resources, this Criminal Original Petition is dismissed. -sd/- 04/03/2022 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 INSPECTOR OF POLICE, VIRUDHACHALAM POLICE STATION, CUDDALORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SENTHILNATHAN Advocate on payment of necessary charges Sr.3433 CRL OP.5180/2022 Date :04/03/2022 RVR 11/03/2022 https://hcservices.ecourts.gov.in/hcservices/