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Madras High CourtCRL OP(MD)/8102/2021dismissed

Jeyakaman v. The Inspector Of Police

2021-06-22Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD). No.8102 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8102 of 2021 Jeyakaman ... Petitioner/Sole Accused Vs State Represented by The Inspector of Police, Sindhupatti Police Station, Madurai District Crime No.150/2021.

... Respondent/Complainant For Petitioner : Mr.S.Prabhu, 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. 150 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC and 21(1) of Mines and Minerals Development and Regulation Act, 1957, in Crime No.150 of 2021, seek anticipatory bail.

2.The case of the prosecution is that on 12.06.2021 when the respondent police were engaged in preventing offences relating to mines and minerals at about 00.30 hrs they found one person removing sand illegally from Kangeyanatham Kanmai using tractor bearing Reg.No.TN 55 T 9717, Therefore the case came to be registered.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case.

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CRL OP(MD). No.8102 of 2021

4. The learned Government Advocate(Crl.Side) opposed the bail petition on the ground that the investigation is not yet completed. He would further submit that one previous case of similar nature is pending against the petitioner.

5. It is seen that the petitioner is illegally removing sand from the Kangeyanatham Kanmai destroying the very feature of the kanmai and causing loss and damage to the kanmai which is used by lot of public. 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 same, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Hence the petition stands dismissed.

sd/- 22/06/2021 / 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, SINDHUPATTI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8102 of 2021 Date :22/06/2021 aav AE/PN/SAR-III/25.06.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2