Suresh, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.17988 of 2017 SURESH ... PETITIONER/ACCUSED No.3 Vs THE INSPECTOR OF POLICE, NAINARKOIL POLICE STATION, RAMANATHAPRUAM DISTRICT.
IN CR.NO.279 OF 2017.
... RESPONDENT/COMPLAINANT For Petitioner : Mr.M.JERIN MATHEW Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 17.12.2017 for the offences punishable under Sections 353, 379 and 430 IPC, Section 3 of TNPPDL Act and Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.279 of 2017 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that A1 and A2 in this case are said to have indulged in illegal mining of sand and the Police seized the vehicle and took the same to the Police Station and at that time, the petitioner and A4 intervened and prevented the Police Officials from discharging their official duties, which resulted in registration of the present case.
3. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and he is ready to abide by any conditions being imposed by this Court.
4. The learned Government Advocate (Crl.Side) has strongly objected to the grant of bail, contending that except this petitioner, others have absconded and the investigation of the case is at the initial stage and if the petitioner/accused is let out on bail, there is every possibility of the accused tampering the witnesses/evidences and hampering the investigation. https://hcservices.ecourts.gov.in/hcservices/
5. Taking into consideration the serious nature of the allegations levelled against this petitioner and the fact that he was taken into custody only from 17.12.2017 and also the fact that apart from IPC offences, he has committed offences punishable under the provisions of TNPPD Act and Mines and Minerals (Development & Regulation) Act, this Court is not inclined to grant the relief as prayed for by the petitioner.
6. In the result, this Criminal Original Petition stands dismissed accordingly.
sd/- 28/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE, NAINARKOIL POLICE STATION, RAMANATHAPRUAM DISTRICT. THE OFFICER IN CHARGE, SUB JAIL, MUTHUKULATHOOR.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.JERIN MATHEW Advocate SR.No.37111
ORDER
IN CRL OP(MD) No.17988 of 2017 Date :28/12/2017 ar SH/RR/SAR-3:02.01.2018:2p/5c https://hcservices.ecourts.gov.in/hcservices/