Sekar v. State Rep By

Crl.O.P.No.5647 of 2022 Crl.O.P.No.5647 of 2022 Dr.G.JAYACHANDRAN,J.

The petitioner, who apprehends arrest for the alleged offences under Section 379 of IPC and under Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.88 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein is the owner of the tipper lorry bearing registration No.TN 28 AM 5816. Based on the complaint given by the Village Administrative Officer, the lorry along with sand was seized.

3. The petitioner herein seeks anticipatory bail stating that the sand was removed from the land of one Adhiboss to level the land adjacent to the land of Adhiboss land.

4. The First Information Report indicates that the sand was transported without permit, while so, even if the sand is removed from any private land, the petitioner ought to have obtained necessary permit for the said transport. Having failed to get transport permit, he is liable for prosecution and the confiscation of the vehicle. Dr.G.JAYACHANDRAN.J, 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.5647 of 2022 rpl/mpl

5. Considering the nature of the case, this Court is of the view that it is not a fit case to grant anticipatory bail. Hence, this Criminal Original Petition is dismissed.

11.03.2022 rpl/mpl Crl.O.P.No.5647 of 2022 2/2 https://www.mhc.tn.gov.in/judis