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Madras High CourtCRL OP(MD)/7740/2021dismissed

Dhanavendhan v. The Inspector Of Police

2021-06-14Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD)No.7740 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.7740 of 2021 1.Dhanavendhan

...Petitioner/Accused No.1

2.Gunasekar ... Petitioners/Accused Rank Not Known Vs.

The State rep.by The Inspector of Police, Kollidam Police Station, Thiruchirappalli District.

(Crime No.101 of 2021).

... Respondent/Complainant For Petitioners : Mr.A.Ramesh, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.101 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC r/w Section 21(1)(v) of the Mines and Minerals Development & Regulation Act in Crime No.101 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that on 14.04.2021, the petitioners said to have illegally transported 1⁄4 unit of river sand by using Boliro Pickup bearing Registration No.TN 48 AH 5282. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.The learned Government Advocate(Crl.side) appearing for the respondent police strongly opposed this petition on the ground that the petitioners illegally transported 1⁄4 unit of sand and on seeing https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.7740 of 2021 the Police party, the petitioners and other occupants escaped from the scene of crime.

5.It is seen that the petitioners illegally transported 1⁄4 unit of sand by using Boliro Pickup bearing Registration No.TN 48 AH 5282. Hence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed. However, the petitioners shall surrender before the concerned Court below 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/- 14/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, SRIRANGAM.

2.-DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THIRUCHIRAPALLI DISTRICT.

3.THE INSPECTOR OF POLICE, KOLLIDAM POLICE STATION, THIRUCHIRAPPALLI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7740 of 2021 Date :14/06/2021 GNS AE/PN/SAR-III/16.06.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2