Rajesh v. The Inspector Of Police

CRL OP(MD)No.9466 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.9466 of 2021 Rajesh ... Petitioner/Accused(Sole) Vs The State rep.by The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

Crime No. 15 of 2021.. ... Respondent/Complainant For Petitioner : Mr.R.L.DHILIPAN PANDIAN, 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.15 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.15 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 03.01.2021, at about 19.00 hours, the respondent police found near Pasupathikovil Kudamurutti river thenkarai, a bullock cart with 1⁄2 unit of river sand. On seeing the Police party, the driver escaped from there. 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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CRL OP(MD)No.9466 of 2021 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 a case of illegal sand theft and the sand was removed from Kudamurutti river. It is also seen that investigation in this case is in preliminary stage. 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/- 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 INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.9466 of 2021 Date :16/07/2021 SA/JC/SAR.2/22.07.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2