Arivazhgan v. The Inspector Of Police

CRL OP(MD). No.7173 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.7173 of 2021 Arivazhgan ... Petitioner/Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Vikkaramangalam Police Station, Madurai District.

(Crime No.915 of 2020).

... Respondent/Respondent/Complainant For Petitioner : Mr.M.Pitchaimuthu, 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.915 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/sole accused apprehending arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC r/w. Section 21(5) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.915 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 29.11.2020 at about 05.00 a.m., when the police party engaged in preventing the offence relating Mines and Minerals, they found on the south side of Vyathan Village, the petitioner was removing sand illegally. On seeing the police party, he escaped from the scene. Therefore, this case came to be registered.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. Therefore, he seeks anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.7173 of 2021 4.The learned Government Advocate (Criminal side) for the respondent police opposed this petition on the ground that two similar previous cases are pending against the petitioner and the investigation in this case is not completed.

5.Taking into consideration the facts and circumstances of the case and the fact that the petitioner said to have illegally removed sand from the Odai, which belongs to the Government and also the fact that two similar previous cases are pending against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original petition is dismissed. sd/- 23/06/2021 / 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, Vikkaramangalam Police Station, Madurai District.

2 The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.7173 of 2021 Date :23/06/2021 sji AE/AKM/SAR-IV/28.06.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2