Janaki v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23424 of 2021 JANAKI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, UTHUKULI POLICE STATION, TIRUPPUR DISTRICT CRIME NO.817 OF 2021 For Petitioner : M/S.M.GOVINDARAJAN Advocate For Respondent : MR.A.GOKULAKRISHNAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 379 r/w 21(1) & 21(2) of Mines and Minerals (Development & Regulation) Act 1957 in Cr.No.817 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that this Court by its order in W.P.No.2619 of 2021 appointed an Advocate Commissioner for preventing illegal quarrying of stons. The petitioner is alleged to have violated the rules of this Court that even after the completion of the period, the petitioner has involved in quarrying the stones from his land. Thereby, the defacto complainant, who is the Tahsildar had lodged a complaint against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence prays for grant of anticipatory bail.

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4.The learned Additional Public Prosecutor submitted that the petitioner has involved in illegal quarrying of stones by violating the rules of this Court by its Order dated 31.08.2021. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the allegation levelled against the petitioner that as per the FIR, the petitioner has involved illegal quarrying of stones by violating the order of this Court and the same requires detailed investigation, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition seeking anticipatory bail is dismissed.

-sd/- 06/12/2021 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, UTHUKULI POLICE STATION, TIRUPPUR DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.GOVINDARAJAN Advocate on payment of necessary charges CRL OP.23424/2021 Date :06/12/2021 JPA 21/12/2021 https://hcservices.ecourts.gov.in/hcservices/