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Madras High CourtCRL MP(MD)/800/2022dismissed

Kavi @ Kaviyarasu v. The Inspector Of Police

2022-01-31Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.800 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of January Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.800 of 2022 IN CRL OP(MD) No.55 of 2022 1 KAVI @ KAVIYARASU 2 THAMARAI KANI 3 NIRANJAN ... PETITIONER/ACCUSED NO.1-3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO. 147 OF 2021) ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition passed in Crl.O.P. No. 55 of 2022 dated. 05.01.2022 in so far as the petitioners should deposit Rs. 15000/- each of the credit of the District Mineral Foundation Trust, Sivagangai.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.P.KRISHNAVENI, Advocate for the petitioner and of MR.M.VAIKKAM KARUNANITHI, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- By the order dated 05.01.2022, this Court granted anticipatory bail to the petitioners on condition that the petitioner has to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the District Mineral Foundation Trust, Sivagangai, without prejudice to their rights and contentions before the trial Court. 2.The petitioner has come forward with this petition seeking modification of the above said condition on the ground that since the petitioners are hailing from poor family, they are unable to https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.800 of 2022 mobilize the fund. Such sort of arguments cannot be accepted by this Court. It is a case of illegal sand mining. I find no merits in this petition and it deserves to be dismissed. 3.Accordingly, this Criminal Miscellaneous petition is dismissed.

sd/- 31/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT.

4 THE OFFICER INCHARGE DISTRICT MINERAL FOUNDATION TRUST, SIVAGANGAI.

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

ORDER

IN CRL MP(MD) No.800 of 2022 IN CRL OP(MD) No.55 of 2022 Date :31/01/2022 tm PKP/VR/SAR-1/14.02.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2