Madras High CourtCRL OP(MD)/8995/2021dismissed

Vinoth @ Vinoth Kumar v. The Inspector Of Police

2021-07-08Honourable Mr Justice G. Chandrasekharan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.8995 of 2021 Vinoth @ Vinoth Kumar ... Petitioner/Accused No.1 Vs The State rep by The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

Crime No. 849 of 2021. ... Respondent/Complainant For Petitioner : Mr.Sethu Surendhar. G, 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.849 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 Section 379 IPC and Section 21(4) of the Mines and Minerals (Development and Regulation)Act, 1957 in Crime No.849 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 29.06.2021, at about 05.00 am., when the respondent police and other officials were engaged in preventing offences relating to mines and minerals, they found at Agaramangudi bypass an unregistered mini lorry. They stopped the said vehicle. The driver stopped the vehicle. He and other occupant escaped from there. In the said vehicle, two units of river sand was found. Hence, the complaint. 3.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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4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is not completed.

5.This is a case where two units of river sand said to have been illegally transported without any permission. This offence of illegal mining is not only an offence against any particular individual, but against the Society at large. It affects not only the present population, but the posterity as well. In this view of the matter, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 08/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 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, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.8995 of 2021 Date : 08/07/2021 VB/AKM/SAR.V/13.07.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/