Arumugam v. The Inspector Of Police

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.8578 of 2021 Arumugam ... Petitioner/Accused No.1 Vs State rep by its The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

Crime No. 624/2021. ... Respondent/Complainant For Petitioner : Mr.Madhu.J, 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. 624 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(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.624 of 2021 on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that the respondent police found the accused removing the sand from Government Poramboke Water Channel at about 09.30 pm., on 21.06.2021 by using Tractor. Therefore, the present case came to be registered. 4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

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5.The learned Government Advocate (Crl. Side) opposed this petition on the ground that investigation is at the preliminary stage.

6.The allegation against the petitioner is that he alleged to have removed sand from Government Poramboke Water Channel. Water Channel is a channel supplying water to water body. Indiscrimination mining in water channel will completely destroy the very existence of the water channel. Taking note of the seriousness of the offence, 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.

IAS 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, KULITHALAI POLICE STATION, KULITHALAI, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.8578 of 2021 Date : 30/06/2021 VB/PN/SAR.IV/02.07.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/