Madras High CourtCRL OP/9246/2021dismissed

Suriya @ Thenralsuriya v. Inspector Of Police

2021-05-26Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.05.2021

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.9246 of 2021 1.Suriya @ Thenralsuriya ... Petitioners 2.Kumar 3.Moorthy Vs.

The State rep.by ... Respondent The Inspector of Police, Harur Police Station, Dharmapuri District.

Crime No.169 of 2021.

Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.169 of 2021 on the file of the respondent police. For Petitioners : Mr.M.Jayachandran For Respondent : Mr.A.Damodaran, Government Advocate, Criminal Side

ORDER

(This case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 21(4) of Mines and Minerals (Development and Regulation) Act, in Crime No.169 of 2021, on the file of the respondent police, seek anticipatory bail.

2. It is the case of the prosecution that the petitioners have illegally transported 3 units of sand in two tipper lorries and JCB. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioners have transported 3 units of sand illegally in two lorries and JCB without valid permission from https://hcservices.ecourts.gov.in/hcservices/

the Government from a patta land. He would also submit that the petitioners are the drivers of the lorry and JCB. The owner of the lorry as well as the petitioners are absconding and the investigation is also pending. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the fact that the accused are absconding and the investigation is still pending, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly, this Criminal original petition stands dismissed.

-sd/- 26/05/2021 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, HARUR POLICE STATION, DHARMAPURI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.9246/2021 Date :26/05/2021 TA-29/06/2021 https://hcservices.ecourts.gov.in/hcservices/