Madras High CourtCRL OP(MD)/10074/2021dismissed

Ilangovan@Ilango v. The Inspector Of Police

2021-07-29Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD)No.10074 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.10074 of 2021 Ilangovan@ilango ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

Crime No. 321/2021 ... Respondent/Complainant For Petitioner : Mr.C.SUSI KUMAR, 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 Cr.No.321/2021 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(4) of the Mines and Minerals (Development and Regulation)Act, in Crime No.321 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that on 12.07.2021, at about 05.00 am., the police party found an unregistered tractor near Alaikathavalasai seashore. On seeing the Police, tractor driver and two persons came with him, escaped from there. Police found one unit of river sand in the trailer of the tractor. 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.10074 of 2021 4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is pending.

5.Narration of facts show that one unit of river sand was illegally transported by using unregistered tractor. 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. Investigation in this case is in preliminary stage. 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/- 29/07/2021 / 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, UCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.10074 of 2021 Date :29/07/2021 SA/JM/SAR.4/03.08.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2