Santhosh Kumar v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2020

CORAM:

THE HON'BLE DR. JUSTICE G.JAYACHANDRAN Santhosh Kumar, S/o.Sigamani, No.39/39, Muniyappa Koil Street, Kokkankuppan, Neyveli, Cuddalore District.

... Petitioner/Accused Vs.

The State rep. by Sub-Inspector of Police, Kammapuram Police Station, Cuddalore District.

In Crime No.908 of 2020.

... Respondent/Complainant PRAYER: This Criminal Original Petition filed under Section 438 of Cr.P.C., seeking to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No.908 of 2020 on the file of the Sub-Inspector of Police, Kammapuram Police Station, Cuddalore District. For Petitioner : Mr.M.Selvam For Respondent : Ms.T.P.Savitha Government Advocate 1/4

O R D E R

(The case has been heard through video conference) This Criminal Original Petition has been filed seeking to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No.908 of 2020 on the file of the Sub-Inspector of Police, Kammapuram Police Station, Cuddalore District.

2. The petitioner herein apprehends arrest by the respondent police for the offence under Sections 379 and 430 of IPC r/w 21(1) of Mines and Minerals (DR) Act. The petitioner claims to be an innocent person.

3. However, First Information Report indicates that on 16.08.2020 when the respondent police were patrolling at 10.00 pm, the driver of the lorry bearing registration No.TN-33-AV-6349 loaded 1 1⁄2 unit of river sand. Thereafter, after seeing the Police, the driver abandoned the lorry and ran away. The petitioner is the owner of the lorry, involved in transport of river sand illegally, without permit.

4. In view of the above facts and circumstances, this Court is not inclined to grant Anticipatory Bail. Accordingly, this Criminal Original Petition is dismissed as devoid of merits.

22.10.2020 Index : Yes/No sbn/sni 2/4

To:-

1. The Judicial Magistrate-II, Vridhachalam, 2.Sub-Inspector of Police, Kammapuram Police Station, Cuddalore District. 3.The Public Prosecutor, High Court of Madras. 3/4

Dr.G.Jayachandran.,J sbn/sni 22.10.2020 4/4