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Madras High CourtCRL OP(MD)/6066/2020dismissed

Nepoleon v. The Inspector Of Police

2020-06-15Honourable Mr Justice M.Dhandapani2 pages

CRL OP(MD). No.6066 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/06/2020 PRESENT The Hon'ble Mr.Justice M.DHANDAPANI CRL OP(MD). No.6066 of 2020

1. Nepoleon

2. Sundararajan

3. Kasirajan

4. Madhankumar

5. Alaguraja

6. Chandramohan

7. Ponpandi ... Petitioners/Accused 1 to 5, 7 & 8 Vs The State Rep. by The Inspector of Police, Sattur Taluk Police Station, Virudhunagar District.

(Crime No.165 of 2020).

... Respondent/Complainant For Petitioners : M/s. M.Kannan, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.165 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 of I.P.C., and Section 21(1) of Mines and Minerals (Development & Regulation) Act, in Crime No.165 of 2020, on the file of the respondent police, seek anticipatory bail.

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CRL OP(MD). No.6066 of 2020

3. The case of the prosecution is that on 05.05.2020, when the respondent Police conducting a routine raid, found the petitioners along with other accused loading the river sand into two Tipper Lorries, bearing Reg.No.TN-69-AX-8002 and TN-BD-9669 with the aid of unnumbered JCB, from Vaipar River at Keelanattukurichi in the Tuticorin District, without any valid permit. On seeing the Police, the petitioners escaped from the scene of occurrence and A6 alone was arrested. The respondent Polie siezed the above vehicles with two units of sand.

4. The learned Government Advocate (crl.side) appearing for the respondent, on instructions, would submit that on 05.05.2020, when the respondent Police conducting a routine raid, found the petitioners along with other accused loading the river sand into two Tipper Lorries from Vaipar River at Keelanattukurichi in the Tuticorin District, without any valid permit. On seeing the Police, the petitioners escaped from the scene of occurrence and A6 alone was arrested. The respondent Polie siezed the above vehicles with two units of sand. Further, the learned Government Advocate would submit that there are 10 previsous pending against the petitioner and he strongly opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering the fact that there are 10 previous cases of similar nature pending as against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Hence, this Criminal Original Petition stands dismissed.

sd/- 15/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, SATTUR TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER IN CRL OP(MD) No.6066 of 2020 Date :15/06/2020 STS/MPK TE/VR/SAR-III : 17/06/2020 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2