Madras High CourtCRL OP/5035/2021dismissed

Devendiran v. The State, Rep.By

2021-03-15Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fifteenth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.5035 of 2021 DEVENDIRAN [ PETITIONER / ACCUSED ] Vs THE STATE, REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, KUVAGAM POLICE STATION, ARIYALUR DISTRICT.

CR.NO.241 OF 2020.

For Petitioner : M/S. C.PRABAKARAN Advocate For Respondent : M/S.S.KARTHIKEYAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offence under Sections 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act r/w Section 379 of IPC, in Crime No.241 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the defacto complainant with his subordinates were conducting routine check-up, they intercepted the bullock cart of the petitioner and on inspection they found 1/4 unit of river sand without any valid permit. Hence, the respondent police registered a case against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner did not indulged in any offence. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor vehemently opposed this petition. He submitted that the petitioner has two previous case of similar nature pending against him. He would further submit that there are every chances of the petitioner getting absconded and thereby, derailing the progress of investigation. https://hcservices.ecourts.gov.in/hcservices/

5. Taking into consideration the gravity of the offence and the petitioner is involved in two previous cases of similar nature and having bad antecedents, this Court is not inclined to grant anticipatory bail to the petitioner.

6. This Criminal Original Petition stands dismissed accordingly. -sd/- 15/03/2021 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 INSPECTOR OF POLICE, KUVAGAM POLICE STATION, ARIYALUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.PRABAKARAN Advocate on payment of necessary charges CRL OP.5035/2021 Date :15/03/2021 cs 15/04/2021 https://hcservices.ecourts.gov.in/hcservices/