Madras High CourtCRL OP(MD)/5184/2024withdrawn dismissed

R Palanichamy v. The Inspector Of Police

2024-04-22Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. R Palanichamy, ... Petitioner/Accused No.1

2. Mayilvaganan, ... Petitioner/Accused No.2 Vs The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

(In Fir No.228/2023).

... Respondent/Complainant For Petitioners : Mr.Ramanathan S, Advocate.

For Respondent : Mr.T.Thanga Aravindh, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.228 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police in 1/3

connection with the case in Crime No.228 of 2023 for the offence under Section 379 I.P.C r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, have filed this petition, seeking anticipatory bail.

2. The case of the prosecution is that the petitioners have illegally mined the limestone.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submits that the petitioners did not have any licence for mining limestone. The Deputy Director of Geology and Mining Department has filed a report. The investigation is yet to be completed.

5. Considering the nature of offence, and the quantum of minerals and considering the report filed by the Deputy Director of Geology and Mining Department, this Court is not inclined to grant anticipatory bail to the petitioner. 2/3

6. Hence, this Criminal Original Petition is dismissed. sd/- 22/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE INSPECTOR OF POLICE THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

COPY TO:

THE DEPUTY DIRECTOR OF GEOLOGY AND MINING DEPARTMENT VIRUDHUNAGAR.

ORDER

IN CRL OP(MD) No.5184 of 2024 Date :22/04/2024 SS/GS/SAR- /29/04/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3