Madras High CourtCRL OP(MD)/9867/2020dismissed

Nithyaraj v. The Inspector Of Police

2020-09-16Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD). No.9867 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/09/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.9867 of 2020 NITHYARAJ ... PETITIONER/ACCUSED NO.1 VS STATE REP.BY THE INSPECTOR OF POLICE, KARAIYUR POLICE STATION, PUDUKOTTAI DISTRICT.

(IN CRIME NO.230 OF 2020).

... RESPONDENT For Petitioner : M/s.P.Ganapathi Subramanian, Advocate.

For Respondent : Mr.R.Saravanakumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.230 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the offence punishable under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957, in Crime No.230 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is the owner of the lorry and said to have illegally transported two units of river sand by using Tipper Lorry bearing Reg.No.TN-34-R-0781. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has nothing to do with the alleged offence.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.9867 of 2020 4.The learned Government Advocate (Crl. Side) appearing for the State would submit that no previous case is pending against the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner has illegally transported two units of river sand by using Tipper Lorry, I am not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the Criminal Original Petition stands dismissed. sd/- 16/09/2020 / TRUE COPY / / /2020 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 KARAIYUR POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9867 of 2020 Date :16/09/2020 SJI JM/AKM/SAR III/18.09.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2