Madras High CourtCRL OP(MD)/10061/2021dismissed

Mathiyalagan v. The Inspector Of Police

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

CRL OP(MD)No.10061 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.10061 of 2021 Mathiyalagan ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Maruvur Police Station, Thanjavur District.

(Crime no.117/2021) ... Respondent/Complainant For Petitioner : Mr.M.Suresh, 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.117/2021on 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(1) of the Mines and Minerals (Development and Regulation)Act, 1957, in Crime No.117 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 12.07.2021, at about 05.00 am., when the defacto complainant and other officials were indulged in regular patrol duty, found the accused illegally transported 1⁄4 unit of river sand by using bullock cart. 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.

4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is pending.

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CRL OP(MD)No.10061 of 2021 5.It is a case where 1⁄4 unit of river sand had been illegally transported by using bullock cart. Therefore, 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/- 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, MARUVUR POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.10061 of 2021 Date :29/07/2021 GNS MK/JM/SAR.II/03.08.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2