Alagar v. The Inspector Of Police

CRL OP(MD). No.5063 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.5063 of 2021 Alagar ... Petitioner/Sole Accused Vs State Rep. by The Inspector of Police, Elumalai Police Station, Peraiyur Taluk, Madurai District.

Crime No.91/2021.

... Respondent/Complainant For Petitioner : Mr.Marimuthu.K., Advocate.

For Respondent : M/s.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No. 91/2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC and Section 21(V) of the Mines and Minerals (Development & Regulation)Act 1957 in Crime No.91 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused said to have illegally transported 30 iron plate quantity of Odai Sand using bullock cart. Hence, the complaint. 3.The learned counsel for the petitioner 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5063 of 2021 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.

4.The learned Government Advocate(Crl.Side) appearing for the respondent police strongly opposed this petition on the ground that the petitioner illegally transported 30 iron plate quantity of Odai Sand and on seeing the search party headed by defacto complainant, the petitioner and other occupants escaped from the scene of crime. 5.It is seen that the petitioner and other accused illegally transported 30 iron plate quantity of Odai Sand by using an bullock cart. 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/- 20/04/2021 / 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, ELUMALAI POLICE STATION, PERAIYUR TALUK, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5063 of 2021 Date :20/04/2021 vsg JM/VR/SAR I/06.05.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2