Sethuraman v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.8976 of 2021 Sethuraman ... Petitioner/2nd Accused Vs The State represented by The Inspector of Police, Kadaladi Police Station, Ramanathapuram District Cr. No.106/2021. ... Respondent/Complainant For Petitioner : Mr.Iniyavan.M, 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.106 of 2021 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 Section 379 IPC and Section 21(1) of the Mines and Minerals (Development and Regulation)Act, 1957 in Crime No.106 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that on 19.04.2021, the respondent police found at Malattaru bund, accused Thavamuruganathan and Sethuraman were illegally loading river sand in two bullock cart. On seeing the respondent police, they escaped from there. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.
4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is not completed and the petitioner has seven previous cases. The details of the previous cases are as follows: 1.Cr.No.73 of 2021 under Sections 294(b), 323, 324, 342, 506(2) IPC.
2.Cr.No.187 of 2020 under Sections 120B, 147, 148, 294(b), 506(2) IPC and Section 3 TNPPDL Act altered into Sections 109, 147, 148, 294(b), 427, 506(2)IPC.
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3.Cr.No.186 of 2020 under Sections 294(b), 323, 324, 427, 506(2) IPC.
4.Cr.No.183 of 2020 under Sections 176, 201 IPC. 5.Cr.no.145 of 2019 under Sections 294(b), 323, 324, 506(2) IPC and Section 4 TNPHW Act.
6.Cr.No.99 of 2019 under Sections 147, 148, 294(b), 307, 323, 324, 341 IPC.
7.Cr.No.257 of 2019 under Sections 147, 294(b), 307, 506(1) IPC and Section 3 TNPPDL Act.
5.It is seen from the allegation that the accused had illegally removed sand from river bund. Investigation is not completed in this case. This offence of illegal mining is not only an offence against any particular individual, but against the Society at large. It affects not only the present population, but the posterity as well. In this view of the matter, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
Sd/- 08/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS 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, KADALADI POLICE STATION, RAMANATHAPURAM DISTRICT.
2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8976 of 2021 Date : 08/07/2021 VB/JC/SAR.II/13.07.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/