Madras High CourtCRL OP/6951/2022dismissed

Ganesan v. State Rep 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.6951 of 2022 GANESAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, THOPPUR POLICE STATION, DHARMAPURI DISTRICT (CRIME NO.4/2022) For Petitioner : M/S R.THAMARAI SELVAN 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 offences under section 379 IPC and 21(1) Mines and Minerals (Development & Regulation) Act 1957 in Crime No.44 of 2022 seeks anticipatory bail.

2. The petitioner herein is the Owner -cum-Driver of the Tractor in which, 3 units of Nurambu sand has been found illegally transported. On seeing the respondent police, the petitioner has abandoned the vehicle and ran away. The enquiry reveals that the Nurambu soil was stolen from the road and further it was surplus sand left by the Highways Department after using for extension of road near HPCL company.

3. The learned Counsel appearing for the petitioner submits that the petitioner is an innocent person and unknowingly for the first time, he has transported the Nurambu sand.

4. Considering the fact that 3 units of sand in a tractor has been transported illegally and the petitioner has abandoned the vehicle and fleded, this Court is not inclined to grant anticipatory bail to the petitioner.

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5. Accordingly, 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 INSPECTOR OF POLICE, THOPPUR POLICE STATION, DHARMAPURI DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S R.THAMARAI SELVAN Advocate on payment of necessary charges CRL OP.6951/2022 Date :25/03/2022 RVR 01/04/2022 https://hcservices.ecourts.gov.in/hcservices/