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Madras High CourtCRL OP(MD)/7460/2019dismissed

Senthil @ Senthikumar, v. The Inspector Of Police

2019-05-29Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.7460 of 2019 SENTHIL @ SENTHIKUMAR ... PETITIONERS /UNKNOWN ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, VANGAL POLICE STATION, KARUR DISTRICT.

CRIME NO.116 OF 2019 ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.VIJAYARAGAVAN Advocate For Respondent : MR.R.ANANDARAJ, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 379 of I.P.C., and 21(1) of Mines and Minerals (Regulation and Development) Act, 1957, in Crime No.116 of 2019, seeks anticipatory bail.

2.The case of the prosecution is that when the respondent police conducted the vehicle check up, the petitioner and other accused are said to have illegally transported sand through lorry bearing Registration No.TN-52-J-1771 and JCB. Hence, a case has been registered against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person, and he did not commit any offence as alleged by the prosecution. 4.The learned Government Advocate (Criminal Side) would submit that by using these two vehicles, the petitioner and other accused committed the offence of sand theft to the tune of 9 units of sand. The properties used for the commission of the offence were recovered.

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5.Even though the properties used for the commission of the offence were recovered, considering the fact that the offence committed is nothing but against the environment. So, this Court comes to the conclusion that if these type of petitioner is released on bail, they may try to tamper the witness and hamper the investigation. Therefore, this petition is dismissed. sd/- 29/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, VANGAL POLICE STATION, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.7460 of 2019 Date :29/05/2019 JM/VR/SAR 3/06.06.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/