Madras High CourtCRL OP(MD)/7703/2021dismissed

Karthikeyan v. The Inspector Of Police

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

CRL OP(MD)No.7703 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.7703 of 2021 Karthikeyan ... Petitioner/Sole Accused Vs State Rep. by The Inspector of Police, Bazzar Police Station, Ramanathapuram, Ramanathapuram District.

Crime No.271/2021.

... Respondent/Complainant For Petitioner : Mr.Balamurugapandi.D, 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.271/2021 on the file of the respondent Police ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 379 IPC and Section 21(4) of the Mines and Minerals (Development & Regulation)Act, 1957 in Crime No.271 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was found using JCB bearing Registration No.TN 65 2998 for illegal removing of river sand from the river bud at Vannivayal and on seeing the Police party, the petitioner said to have escaped from the place. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.7703 of 2021 there are totally three accused in this case and the petitioner is absconding and therefore, investigation in this case could not be completed.

5.Taking note of the fact that the petitioner is said to have taken river sand to the extent of three units, as per submission of the learned Government Advocate(Crl.side), for illegal transportation and the fact that the investigation in this case is not completed, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

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 INSPECTOR OF POLICE, BAZZAR POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.7703 of 2021 Date :14/06/2021 gns JM/PN/SAR II/16.06.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2