Madras High CourtCRL OP/6353/2022dismissed

Elumalai v. State Rep By

2022-03-29Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6353 of 2022 ELUMALAI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ARANI TALUK POLICE STATION, THIRUVANNAMALAI DISTRICT.

CRIME NO.237/2021 For Petitioner : M/S.G.P.SIVAKUMAR Advocate For Respondent : M/S.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, 430 of IPC and Sec. 21(1) of MMDR Act in Crime No.237 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein had illegally transported one unit of river sand without any valid permission from the concerned authority.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offences as alleged by the prosecution. He further submitted that he has been falsely implicated in this case. Hence, he pleads for anticipatory bail.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent raised objection for granting anticipatory bail to the petitioner stating that petitioner was involved in illegal transportation of one unit of river sand in a lorry.

5. Considering the above fact that the petitioner was involved in commercial exploitation of river sand and transported in his vehicle and further considering the quantity of the sand mined and the vehicle used for transportation of river sand, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 29/03/2022 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, ARANI TALUK POLICE STATION, THIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.P.SIVAKUMAR Advocate on payment of necessary charges CRL OP.6353/2022 Date :29/03/2022 RW 11/04/2022 https://hcservices.ecourts.gov.in/hcservices/