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Madras High CourtCRL OP(MD)/739/2022dismissed

Aslam @ Aslam Sharif v. The Inspector Of Police

2022-01-12Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.739 of 2022 Aslam @ Aslam Sharif ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Arnathangi Police Station, Pudukkottai District.

(Crime No.1260/2021).

... Respondent/Complainant For Petitioner : M/s.Lenin Kumar T,Advocate.

For Respondent : M/s.S.Manikandan, Government Advocate(Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1260/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C r/w. Sections 21 (1) and 21(2) of Mines and Minerals (Development & Regulation) Act, 1957, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is said to have illegally transported 1⁄2 unit of sand, without any valid license and permission. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is the owner of the vehicle.

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4.The learned Government Advocate (Crl. Side) submitted that the petitioner is said to have illegally transported 1⁄2 unit of sand, without any valid license and permission. He further submitted that the petitioner is having one previous case, which is similar in nature.

5. Considering the minerals involved in this case and considering the fact that the petitioner is having one previous case, which is similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Hence, this Criminal Original Petition is dismissed. Sd/- 12/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 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 INSPECTOR OF POLICE, ARNATHANGI POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.739 of 2022 Date :12/01/2022 https://hcservices.ecourts.gov.in/hcservices/ SP/JM/SAR I/02/02/2022/2P/3C