Karthikeyan v. The Inspector Of Police

CRL OP(MD)No.8791 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.07.2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.8791 of 2021 Karthikeyan ... Petitioner/Accused Rank 3 Vs State Rep.by The Inspector of Police, Keeranur Police Station, Pudukkottai District.

In Crime No.253 of 2021.

... Respondent/Complainant For Petitioner : Mr.P.Ganapathi Subramanian, Advocate For Respondent : Mr.M.Muthumanikkam, Government Advocate(Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.253 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 and 269 of IPC read with 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 and Section 51(b) of Disaster Management Act, 2005 in Crime No.253 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 12.06.2021, the respondent Police found near Ammachathiram Bus stop, a tipper lorry bearing Registration No.TN 50 Y 7445. The respondent Police stopped the lorry and on search they found 4 units of river sand. The accused accepted that they had transported the river sand illegally without permission with the help of the petitioner, who is the lorry owner. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is falsely implicated in this case. He further submitted that the co-accused is arrested and released on bail. Therefore, he seeks anticipatory bail to the petitioner.

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CRL OP(MD)No.8791 of 2021 4.The learned Counsel for the Government of Tamil Nadu (Criminal Side) appearing for the respondent police opposed this petition on the ground that investigation is pending.

5. It is a case where 4 units of river sand was illegally transported without any permission. Investigation is at preliminary stage. In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 05/07/2021 / 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, KEERANUR POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8791 of 2021 Date :05/07/2021 MBI MS/AKM/SAR-4/08.07.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2