Madras High CourtCRL OP/6915/2022dismissed

T.Periyasami v. The State Represented By

2022-03-25Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fifth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6915 of 2022 T.PERIYASAMI [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PENNAGARAM POLICE STATION, DHARMAPURI DISTRICT.

(CRIME NO.1172/2020) For Petitioner : M/S.C. PALANISAMY 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 alleged offence punishable under Section 379 of IPC, Section 21(1) & 21(4) of Mines & Minerals (Development & Regulation) Act, 1957 and Section 183 of Motor Vehicles Act, 1988 in Crime No.1172 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein is the owner of a tractor in which one unit of sand was illegally transported. When the respondent police intercepted the vehicle on routing vehicle check up, they found that one unit of sand was illegally transported in the tractor owned by this petitioner and the driver of the tractor has also disclosed that the petitioner is the owner of the tractor and only at his instance, the sand has been illegally transported. The petitioner is absconding and now seeks anticipatory bail.

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3. Considering the fact that the petitioner has provided his tractor for illegal mining and instructed the 1st accused to transport the sand illegally, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original petition is dismissed.

-sd/- 25/03/2022 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, PENNAGARAM POLICE STATION, DHARMAPURI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C. PALANISAMY Advocate on payment of necessary charges CRL OP.6915/2022 Date :25/03/2022 CSK 31/03/2022 https://hcservices.ecourts.gov.in/hcservices/