N.Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.1730 of 2021 N.Pandi ... Petitioner/Accused No.2 Vs State represented by The Inspector of Police, Karur Police Station, Pudukkottai District Cr No.188/2020. ... Respondent/Complainant For Petitioner : M/s.Gokul.K, Advocate.

For Respondent : Mr.K.Dinesh Babu, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.188 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 IPC r/w Section 21(1) of the Mines and Minerals (Development & Regulation)Act 1957 in Crime No.188 of 2020, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused illegally transported 1/4 unit of river. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. He further submitted that this Court passed an order in Crl.O.P.(MD)No.14500 of 2020, on 17.09.2020, permitting the petitioner therein to surrender before the Court below and file a petition. He requested before this Court to pass such similar order in this case also.

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4.The learned Additional Public Prosecutor appearing for the respondent police strongly opposed this petition on the ground that the petitioner and other accused illegally transported 1⁄4 unit of sand and on seeing the search party headed by defacto complainant, the petitioner and other occupants escaped from the scene of crime. 5.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

6.It is seen that the petitioner and other accused illegally transported 1⁄4 unit of sand by using an auto. Considering the request made by the learned counsel for the petitioner, this Court is inclined to follow the above said order. Accordingly, this criminal original petition is dismissed. However, the petitioner shall surrender before the concerned Court and file a bail petition. On such filing of the petition, the Court below shall consider the same and pass orders on merits, on the same day and in accordance with law.

sd/- 07.04.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 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, Karur Police Station, Pudukkottai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.GOKUL, Advocate ( SR-3047[I] dated 09/04/2021 )

ORDER

IN CRL OP(MD)No.1730 of 2021 https://hcservices.ecourts.gov.in/hcservices/ Date : 07/04/2021 VB/SMA/SAR-III (17/04/2021) 2P / 4C