Suresh v. The Sub Inspector Of Police

CRL OP(MD). No.8243 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8243 of 2021 1.Suresh 2.Egambaram ... Petitioner Nos.1 & 2/ Accused Nos.1 & 2 Vs The State Rep.by, The Sub Inspector of Police, Nalgudi Police Station, Pudukottai District.

Crime No. 180 of 2021. ... Respondent/Complainant For Petitioners : Mr.S.A.S.Alaudeen., 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.180 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC and Sections 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.180 of 2021, seek anticipatory bail.

2.The case of the prosecution is that on 07.06.2021, at about 05.30 hours, when the police were engaged in preventing the offences relating to mines and minerals Act near Agni river, they found the accused illegally removing unit of river sand in two bullock carts. Therefore, this case came to be registered 3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case.

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CRL OP(MD). No.8243 of 2021 4.The learned Government Advocate (Crl. Side) opposes the petition on the ground that the investigation is pending. 5.It is seen that the petitioners have illegally removed sand from the river, which is a Government Property, destroying the very feature of the river causing damage to the river, which is used by public at large. The impact would be the depleting water source, the lifeline of human existence. Hence, this Court is not inclined to grant anticipatory bail to the petitioners. 6.Hence, this petition is dismissed.

sd/- 24/06/2021 / 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 SUB INSPECTOR OF POLICE, NALGUDI POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8243 of 2021 Date :24/06/2021 SM PK/JC/SAR-II/30.06.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2