Veeraiyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2021 PRESENT:

The Hon'ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8355 of 2021 (Through Video Conference)

1. Veeraiyan

2. Venkatesh

3. Rangasamy ... Petitioners/Accused No.1, 2 & 3 Vs State rep. by The Inspector of Police, Vattathikottai Police Station, Thanjavur District Crime No.324/2021.

... Respondent/Complainant For Petitioner : Mr.Mahendran.K., Advocate.

For Respondent : Mr.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER:- For Anticipatory Bail in Crime No.324 Of 2021 on the file of the respondent Police.

ORDER: The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 of I.P.C. and 21(1) of Mines and Minerals (Development and Regulation) Act in Crime No.324 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that, when the police conducted regular patrol duty, at about 4:00 p.m. on 16.06.2021, they found the accused persons involved in this case, loading river sand in two bullock carts. On seeing the police, they left the bullock carts and escaped from the spot. The police found that each cart contained half unit of river sand. Therefore, this case came to be registered.

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3. Learned counsel for the petitioner submitted that the petitioners are innocent and they have been falsely implicated in this case and also there is no previous case against the petitioners.

4. The learned Government Advocate (Crl.side) for the respondent strongly opposed this petition on the ground that investigation is pending.

5. The case is that the petitioners said to have illegally removed sand from Vattathikottai Agni River without any permission. Indiscriminate removal of sand from any water body will spoil the very nature and feature of the water body which would ultimately affect the public at large water supply will be greatly affected in due course of time. Inspite of severe steps taken, this offence has been repeatedly committed. Therefore, this Court is not inclined to grant Anticipatory bail to the petitioners. Accordingly, the petition stands dismissed.

Sd/- 25/06/2021 / 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, VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT

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

+1cc to Mr.K.Mahendran, Advocate (F) Sr.No.20231

ORDER

IN CRL OP(MD) NO.8355 OF 2021 DATED: 25/06/2021 https://hcservices.ecourts.gov.in/hcservices/ VB/AKM/SAR.I/05.07.2021/2P/4C