Sangilimurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.5754 of 2021 Sangilimurugan ... Petitioner/Accused No.2 Vs State rep by The Inspector of Police, Peariyur Police Station, Madurai District.

Crime.No. 117 of 2021. ... Respondent/Complainant For Petitioner : Mr.Palanisamy T, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.117 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC r/w Section 4(1)(1A), 21(5) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.117 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused illegally transported three units of Karambai sand by using two Tipper Lorries bearing registration Nos.TN-49-P-2218 and TN-50H4260. Hence, the complaint. 3.The learned counsel appearing 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 he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate(Crl.Side) appearing for the respondent police strongly opposed this petition on the ground that the petitioner is having one previous case of similar in nature and the vehicle and sand were seized on the spot 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 illegal and indiscriminate sand mining has become a threat to the worldwide environment. The petitioner has similar previous cases.

6.This offence of illegal mining is not only an offence against any particular individual, but against the Society at large. It affects not only the present population, but the posterity as well. In this view of the matter, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 22/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsg 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, PEARIYUR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5754 of 2021 Date : 22/04/2021 VB MNR SAR III(21/05/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/