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Madras High CourtCRL OP(MD)/4454/2020dismissed

Vairamuthu v. The Inspector Of Police

2020-03-12Honourable Dr Justice G. Jayachandran2 pages

CRL OP(MD). No.4454 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/03/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.4454 of 2020 Vairamuthu ... Petitioner/ Accused (Rank not known) Vs State rep. by The Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.

(Crime No.143/2019) ... Respondent/Complainant For Petitioner : M/s.S.Poornachandran, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No. 143 of 2019 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 379 IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act in Crime No.143 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. On 10.05.2019, Village Administrative Officer of V.Muthulingapram Village has given a complaint to the police stating that a huge hump of river sand been collected on the bank of of Arjuna river in S.No.243 and kept illegal. Based on the complaint, the respondent police has registered a case against the unknown https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD). No.4454 of 2020 persons for the offence under Section 379 IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act.

4. The respondent police after 7 months have arrested one Murugesan @ Murugan on suspicious and based on confession statement, they have come to know that the said Murugesan @ Murugan along with his associates have collected river sand illegally on the bank of Arjuna river to be sold later point of time. On coming to know about the same and based on the Village Administrative Officer's report, sand hump been identified and the same was seized by the authorities and sold in auction.

5. The petitioner herien is the sister's son of the said Murugesan @ Murugan, who had been involved in the river sand mining and from the confession statement it appears that the petitioner herein has driven the lorry for transporting. The prosecution, based on the confession statement, conducting investigation.

6. In view of the above, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 12/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, VACHAKARAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.4454 of 2020 Date :12/03/2020 GNS SRS/ JC/ SAR-III/ 24.03.2020/ 2P/3C https://hcservices.ecourts.gov.in/hcservices/