Madras High CourtCRL OP(MD)/8454/2021dismissed

Sivakumar v. The Inspector Of Police

2021-06-29Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD). No.8454 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8454 of 2021 Sivakumar ... Petitioner/1st Accused Vs State rep.by The Inspector of Police, Bodinayakkanur Rural Police Station, Theni.

(In Crime No.453 of 2021) ... Respondent/Complainant For Petitioner : Mr.M.Jerin Mathew, 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.453 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of IPC and 21(4) of Mines and Minerals (Development and Regulation) Act 1957 in Crime No.453 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 07.06.2021, when the de-facto complainant made an inspection, he found the accused in this case had been removing sand from Manapparai Kulam by using Tractor bearing registration No.TN-60-A-1549 and on seeing the defacto complainant and his party, the persons, who are removing sand, escaped from the scene. Already 1⁄4 unit of sand was loaded in the Tractor. Hence, the complaint.

3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8454 of 2021 4.This is the petitioner's second anticipatory bail application and the earlier petition was dismissed by this Court on 16.06.2021 in Crl.O.P.(MD)No.7861 of 2021.

5.Taking note of the fact that there is no change in circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 29/06/2021 / 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, BODINAYAKKANUR RURAL POLICE STATION, THENI.

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

ORDER

IN CRL OP(MD) No.8454 of 2021 Date :29/06/2021 SJI MS/MNR/SAR-5/06.07.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2