Hussain Oone v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.6095 of 2021 1.Hussain Oone 2.Sethupathy @ Sethupandi ... Petitioners/Accused Vs State rep by The Inspector of Police, Devipattinam Police Station, Ramanathapuram District (Crime No.143 of 2021). ... Respondent/Complainant For Petitioners :Mr.G.V.VAIRAM SANTHOSH, Advocate.

For Respondent : Mr.KR.BHARATHI KANNAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.143 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC and Section 21(1) of the Mines and Minerals(Development and Regulation)Act, 1957 in Crime No.143 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the petitioners said to have transported 1⁄4 unit of savudu sand by using tractor. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that there is no previous case pending against the petitioners.

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5.Considering the nature of the case where the petitioners illegally transported 1⁄4 unit of sand, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is dismissed with liberty to the petitioner to 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 the same day, on its own merits and in accordance with law.

Sd/- 29/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 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 JUDICIAL MAGISTRATE NO.1 RAMANATHAPURAM DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, DEVIPATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.6095 of 2021 Date : 29/04/2021 VB AKM SAR IV(20/05/2021) 2P / 5C https://hcservices.ecourts.gov.in/hcservices/