Madras High CourtCRL OP(MD)/9459/2021dismissed

Saravanan v. The Inspector Of Police

2021-07-16Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD)No.9459 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.9459 of 2021 K.Saravanan ... Petitioner / Sole Accused Vs The State Represented by The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

Cr No. 304/21 ... Respondent/Complainant For Petitioner : Mr.T.Eashwar, 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.304 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 r/w Section 21(1) of the Mines and Minerals (Development and Regulation)Act, 1957 in Crime No.304 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 11.07.2021, at about 20.45 hours, when the respondent police and other officials were indulged in preventing offence relating to mines and minerals, they found one bullock cart near Thudavikadu river bridge. On seeing them, the driver escaped from there by leaving the bullock cart. On search, it was found 1⁄4 unit of river sand in the bullock cart. Hence, the complaint.

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CRL OP(MD)No.9459 of 2021 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is not completed.

5.It is seen that the petitioner illegally transported 1⁄4 unit of sand by using bullock cart. Considering the nature of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed. However, the petitioner shall surrender before the concerned Court and file a bail petition. On such filing of the petition, the Court below shall consider the same and pass orders on the same day, on its own merits and in accordance with law. sd/- 16/07/2021 / 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 PRINCIPAL DISTRICT JUDGE, SPECIAL COURT FOR MINES AND MINERALS ACT, THANJAVUR DISTRICT.

2.THE INSPECTOR OF POLICE, THIRUCHITRAMBALAM POLICE STATION, THANJAVUR DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9459 of 2021 Date :16/07/2021 GNS SS/SRS/SAR-II/15.07.2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2