Arjunan v. The Inspector Of Police

CRL OP(MD). No.7410 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.7410 of 2021 1.Arjunan 2.Chelladurai ... Petitioners/Accused Rank Not Known Vs The State rep.by, The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

Crime No.117/2021.

... Respondent/Complainant For Petitioners : Mr.M.S.Jeyakarthik, 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.117 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 Sections 379 of IPC and 21(1) of Mines and Minerals (Development and Regulation) Act 1957 in Crime No.117 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the petitioners said to have illegally stolen sand from Samboorani Enthal Kanmoi on 20.04.2021 and it was found that they were transporting one unit of sand from the aforesaid Kanmoi in a Tractor bearing Registration No.TN-63-BZ-2206.

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

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CRL OP(MD). No.7410 of 2021 4.The learned Government Advocate (Crl. Side) for the respondent strongly opposed this petition.

4.This is the second anticipatory bail application and the earlier petition was dismissed by this Court on 29.04.2021 in Crl.O.P.(MD)No.6083 of 2021.

5.Taking note of the fact that the petitioners said to have stolen sand from Samboorrani Enthal Kanmoi, which belongs to the Government without any legal permission and the fact that there is no change in circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 08/06/2021 / 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 INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7410 of 2021 Date :08/06/2021 SJI TK/MNR/SAR.2/11.06.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2