L.R. Devadoss, M/65/2014 v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) Nos.11317 & 11209 of 2015 L.R. DEVADOSS, S/O. L.V.S. RAMACHARI, M/S.ANJANEYA TRADERS, 5B, AVVAIYAR STREE, MADURRAI DISTRICT. ... PETITIONER/ ACCUSED NO.6 IN CRL.O.P(MD)NO.11317/2015 MOHAMMED IBRAHIM SATE ... PETITIONER/ACCUSED NO.1 IN CRL.O.P(MD) NO.11209/2015 Vs THE STATE REP. BY THE INSPECTOR OF POLICE LAND GRABBING CELL, SIVAGANGAI DISTRICT, O/D,THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI DISTRICT.
(CRIME NO.21 OF 2015) ... RESPONDENT/ COMPLAINANT IN CRL.O.P(MD)NO.11317/2015 STATE REPRESENTED BY INSPECTOR OF POLICE, DISTRICT CRIME BRNACH, MADURAI, MADURAI DISTRICT.
(CRIME NO.21 OF 2015) ... RESPONDENT/COMPLAINANT IN CRL.O.P(MD) NO.11209/2015 For Petitioner : Mr.MANIMARAN Advocate IN CRL.O.P(MD)NO.11317/2015 For Petitioner : Mr.S.SARAVANAKUMAR Advocate IN CRL.O.P(MD)NO.11209/2015 For Respondent : Mr.K.ANBARASAN Govt. Advocate ( Crl. Side) IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 & 6, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 379, 430, 447, 434, 304(ii) r/w 511 of IPC and 3(1) of TNPPDL Act and 3(a) and 4(a) of Explosive Substances Act, in Crime No.21 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
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2.The case of the prosecution is that the petitioners are having a licence to operate quarry in Survey No.379/5A, 5B, 5C, 5D, 5E, 5F and 5G to the extent of 0.42.0 Hectares. The petitioner quarried beyond the permitted limit and he destroyed the water body and caused damage. He quarried and transported the Granite and caused loss to the Government. 3.The case of the petitioners is that they are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners have obtained licence to quarry the stones and he is carrying on the quarry according to the condition imposed in the licence and he laid a road only after obtaining permission from the Public Works Department.
4.The learned Government Advocate(Crl.side) submitted that there is a large scale of violation in quarrying the Granites in the area and on receiving the complaints of illegal quarrying from the Villagers and from the members, Special Team has been formed to inspect the quarry in and around the Melur Taluk, Madurai District.
5.Considering the gravity of the offence and the serious allegations made against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Hence, this petition is dismissed. sd/- 11/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE INSPECTOR OF POLICE LAND GRABBING CELL, SIVAGANGAI DISTRICT.
2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI DIST.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) Nos.11317 & 11209 of 2015 Date :11/01/2016 AM NS/SKS-RR/SAR II/25.01.2016 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/