Madras High CourtCRL OP(MD)/1725/2021dismissed

M.Balamurugan v. The Inspector Of Police

2021-02-09Honourable Mr Justice M. Nirmal Kumar2 pages

CRL OP(MD). No.1725 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.1725 of 2021 M.Balamurugan ... Petitioner/Sole Accused Vs State, rep.by The Inspector of Police, Irukkankudi Police Station, Virudhunagar District.

(Crime No.357/2020).

... Respondent/Complainant For Petitioner : Mr.P.Saravanakumar, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.357 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who is the sole accused, apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C., and r/w Section 21(1) of Tamilnadu Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.357 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was said to have illegally transported half unit of river sand. Hence, a complaint has been registered.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

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CRL OP(MD). No.1725 of 2021 4.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is not having any bad antecedent. Hence, he prayed for grant of anticipatory bail to the petitioner.

5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that while the respondent Police was on patrolling duty, it was found that the petitioner was said to have illegally transported half unit of river sand. 6.Considering the facts and circumstances of the case and also considering the fact that the petitioner was said to have illegally transported half unit of river sand, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 09/02/2021 / TRUE COPY / / /2021 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 INSPECTOR OF POLICE, IRUKKANKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.1725 of 2021 Date :09/02/2021 vsg AE/SMA/SAR-III (17/02/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2