Sankar v. The Inspector Of Police

Crl.OP(MD)No.959 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 07/03/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.959 of 2022 Sankar : Petitioner/Accused No.1 Vs.

The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

(In Crime No.462 of 2021) : Respondent/Complainant For Petitioner : Mr.K.Kumaravel, Advocate For Respondent : Mr.SS.Madhavan Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.462 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order:- The petitioner, who is arrayed as A1 apprehending arrest at the hands of the respondent police for the alleged offences under section 379 IPC and section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.462 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the accused persons had illegally transported two units of river sand without any valid permit in the vehicles. Hence, the case.

3.Heard both sides.

4.This is the second anticipatory bail petition, which has been filed by the petitioner on the ground that a wrong information has been given by the prosecution before this court that this petitioner is involved in similar offence in Crime No.168 of 2021 for the offence under section 379 IPC and section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD)No.959 of 2022 5.At the time of argument, the learned Government Advocate (Criminal side) would submit that this petitioner is involved in the Crime No.168 of 2021 following the case in Crime No.88 of 2018. 6.The learned counsel appearing for the petitioner would submit that after 2018, no case has been registered against the petitioner and the case in Crime No.339 of 2021, which was registered for assault is not related to the subject matter. 7.Now whatever may be, it appears that this petitioner is involved in one previous case of similar in nature. Perusal of the entire CD file shows that this petitioner used the tractor bearing registration No.TN-67-AX-7201 and another unregistered tractor for committing the above said offence.

Both the vehicles have been seized in the place of occurrence itself and this petitioner was also available in one of the tractors and fled away from the place of occurrence, when the police intercepted the vehicle. So the manner in which, the offence has been committed clearly shows that this petitioner has indulged in such sort of illegal mining activities, using the unregistered vehicle for transporting the sand. Using of unregistered vehicle for transporting the sand must be thoroughly investigated and for that purpose, the custodial interrogation of the petitioner is very much required. 8.I find absolutely no merit in this petition and also the contention that has been raised by the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 07/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.959 of 2022 Date :07/03/2022 er MS/VR/SAR-3/11.03.2022/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2