Madras High CourtCRL OP(MD)/8426/2021dismissed

Selvam v. The Inspector Of Police

2021-06-30Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD). No.8426 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8426 of 2021 Selvam ... Petitioner/Sole Accused Vs State rep.by, The Inspector of Police, Gandamanur Police Station, Theni District.

In Crime No. 128 of 2021. ... Respondent/Complainant For Petitioner : Mr.C.Susi Kumar, 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.128 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C. r/w. Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.128 of 2021 on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that on 19.06.2021, when the respondent police was engaged in regular duty in connection with prevention of the offences, they found near Kuppinayaganpatti Kalaimagal School a Tractor bearing Registration No.TN 60 AF 1424. On seeing the respondent police, the driver of the Tractor stopped the vehicle and escaped from there. On search, they found one unit of block metal in the Tractor. Therefore, the present case came to be registered.

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CRL OP(MD). No.8426 of 2021 4.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

5.The learned Government Advocate (Crl. Side) opposed this petition on the ground that investigation in this case is not completed. He further submitted that the petitioner has transported block metal without any licence. Therefore, he prays for dismissal of anticipatory bail petition.

6.It is seen that the petitioner has produced copy of the patta in support of his case that the block metal was removed from his private land. However, this document will not help the petitioner to establish his case that the block metal was removed from his patta land. The petitioner is not in a position to produce any permit to show that block metal was legally transported. Since the petitioner has not produced any valid permit and the investigation is not completed, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Hence the petition stands dismissed.

sd/- 30/06/2021 / 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, GANDAMANUR POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8426 of 2021 Date :30/06/2021 IAS PK/PN/SAR-V/02.07.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2