Ramachandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.6044 of 2021 Ramachandran ... Petitioner/Accused Rank Not Known Vs State represented by The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District (Crime No.31 of 2021). ... Respondent/Complainant For Petitioner : Mr.Ananda Raj A, 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.31 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC (Sand theft)and Section 21(4) of the Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.31 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 21.02.2021, at about 12.30 a.m., when the respondent police were on routine rounds, the petitioner illegally transported one unit of savudu sand by using the vehicles, namely JCB and two Tipper Lorries. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he did not commit any offence as alleged by the prosecution.

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4.The learned Government Advocate(Crl.Side) appearing for the respondent police strongly opposed this petition on the ground that 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 and also the petitioner has five previous cases pending, out of which, one is similar in nature.

5.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 and considering the fact that the petitioner has five previous cases pending against him, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. Sd/- 28/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SM 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, THIRUVADANAI POLICE STATION, RAMANATHAPURAM DISTRICT

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

ORDER

IN CRL OP(MD) No.6044 of 2021 Date:28/04/2021 https://hcservices.ecourts.gov.in/hcservices/ VB VR SAR III(21/05/2021) 2P / 3C