Madras High CourtCRL OP(MD)/228/2022dismissed

K.Manisekaran v. The Inspector Of Police

2022-01-07Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.228 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.228 of 2022 K.Manisekaran ... Petitioner/1st Accused Vs The Sub Inspector of Police, K.Paramathi Police Station, Karur District.

Cr.No. 438 of 2021.. ... Respondent/Complainant For Petitioner : M/s.Gokulraj.S, Advocate.

For Respondent : Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.438 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused NO.1 apprehending arrest at the hands of the respondent police for the offences punishable under sections 21(1) of Mines and Minerals (Regulation and Development) Act, 1957 r/w 379 IPC in Crime NO.438 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case against the petitioner is sand theft. A case in Crime NO.438 of 2021 has been registered against him. 3.On the side of the petitioner, it is stated that the allegation against the petitioner is transporting four unit of graval sand. The petitioner is the owner of the quarry. He was waiting for Environmental clearance from the concerned department. He was just trying to clear the old stock within the same yard. He has not transit the sand from out of the quarry. 4.On the side of the respondent it is stated that totally two accused were involved in this case. The petitioner is the owner and A2 is the driver. A2 was arrested and he is in custody. There is no previous case against the petitioner.

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CRL OP(MD). No.228 of 2022 5.It is seen that the co-accused is arrested and he is in custody. In view of the above circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed.

sd/- 07/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE SUB INSPECTOR OF POLICE K.PARAMATHI POLICE STATION, KARUR DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.GOKULRAJ S Advocate SR.No.144

ORDER

IN CRL OP(MD) No.228 of 2022 Date :07/01/2022 SS/JM/SAR-IV/12.01.2022 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2