Radhakrishnan v. The Inspector Of Police

CRL OP(MD)No.7163 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.7163 of 2021 Radhakrishnan ... Petitioner/Accused No.2 Vs The State Represented by The Inspector of Police, Alangulam Police Station, Virudhunagar District.

Crime No.42/2021.

... Respondent/Complainant For Petitioner : Mr.K.P.Sankarakumarakuruparan, Advocate.

For Respondent : Mr.M.Muthu Manickam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.42 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of IPC and Section 4(1)(1A), 21(1) of Mines & Minerals (Development and Regulation) Act, 1957 in Crime No.42 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused had been illegally removing sand from Patta No.101 on 20.03.2021 by using three lorries bearing Reg.Nos. TN-64-B-5068, TN19-H-4601 & TN-69-AC-2314 and three JCB's bearing Reg.No.TN-96-5907, TN-61-J-5320 & TN-58-AV-0347 respectively. Hence the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. He further submitted that the petitioner obtained a prior permission and proper pass from the concerned officials and got sands in his land. He further submitted that the earlier anticipatory bail petition in Crl.OP(MD).No.5059 of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.7163 of 2021 2021 was dismissed by this Court on the ground of not producing any supporting documents. Now, the petitioner has enclosed all the relevant documents in this case. Hence, he seeks anticipatory bail to the petitioner.

4.The learned Government Advocate(Crl.side) submitted that the respondent police has found the alleged theft of sand. 5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.side) appearing for the respondent.

6.It is seen from the submissions that the earlier anticipatory bail petition in Crl.OP(MD).No.5059 of 2021 was dismissed by this Court on the ground of not producing any supporting documents. On perusal of the documents, it is seen that the petitioner has not produced any material to show that he was given permission or licence to run the Brick kiln and procure sand. The petitioner has filed only the pass given in the year 2017. Three JCB's and Three Tipper lorries had been used to large scale illegal mining and transport of river sand without any permission. There is no change of circumstances since the dismissal of earlier anticipatory bail petition. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands 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, ALANGULAM POLICE STATION, VIRUDHUNAGAR DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.7163 of 2021 Date :08/06/2021 Kmm MS/PN/SAR-1/11.06.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2