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Madras High CourtCRL OP/14818/2023dismissed

Rajasekar @ Rajasekaran v. The State Represent By

2023-07-04Honourable Mr Justice G. Chandrasekharan3 pages

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 379 & 430 IPC r/w 21 (1) of Mines and Minerals(Development & Regulation) Act, in Crime No.299 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. Learned counsel for the petitioner submitted that petitioner has been falsely implicated in this case and prayed for anticipatory bail for the petitioner.

3. In response, the learned Government Advocate (Crl.Side) submitted that on 18.06.2023, petitioner along with the other accused had illegally stolen 2units of Kettilam river sand using Mahindra Maxx Pickup Van bearing registration No.TN 32 C 2567. Hence, FIR was registered in Crime No.299 of 2023, on the file of the respondent police. Investigation in this case is at final stage and opposed the petition.

4.Considered the rival submissions and perused the records. 5.Reading of the FIR allegations show that on 18.06.2023, at about 5 a.m., when the Police party were in look out for the offenders, they found Mahindra Maxx Pickup Van bearing registration No.TN 32 C 2567 with 2units of stolen Kettilam river sand. On seeing the police, the Driver and the person who was sitting near the Driver had stopped the Vehicle and escaped. Later, they came to know that the Driver name was Velu and the other person's name was Rajasekar. Respondent police seized the vehicle and the river sand and registered the case. 6.From the FIR allegations, it is clear that the accused in this case had involved in illegal stealing and transportation of river sand. Investigation in this case is at preliminary stage. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

04.07.2023 sli

G.CHANDRASEKHARAN.

J.

sli 04.07.2023