Ilayaraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.11096 of 2021 ILAYARAJA ... PETITIONER/ACCUSED NO.2 VS STATE REP. BY THE INSPECTOR OF POLICE, MALAIYUR POLICE STATION, PUDUKOTTAI DISTRICT.

(CRIME NO.253 OF 2021).

... RESPONDENT/COMPLAINANT FOR PETITIONER : VEERAKUMAR.T., ADVOCATE.

FOR RESPONDENT : MR.T.SENTHILKUMAR, GOVERNMENT ADVOCATE (CRL.SIDE) PRAYER :- For Anticipatory Bail in Crime No.253 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 offence punishable under Section 379 of IPC and Section 21(1) of the Mines and Minerals (Development and Regulation) Act 1957, in Crime No.253 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused have illegally transported river sand with the help of JCB bearing Registration No.TN-91-C-3963. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has nothing to do with the alleged case of the prosecution.

4.The learned Government Advocate (Criminal side), on instructions, submitted that the petitioner and other accused have illegally transported river sand without permit. He further submitted that one similar previous case is pending against the https://hcservices.ecourts.gov.in/hcservices/

petitioner in Crime No.216 of 2021 before the respondent Police Station, for the offence punishable under Sections 379 of IPC r/W 21

(1) of the Mines and Minerals (Development and Regulation) Act. 5.Considering the nature of the allegations levelled against the petitioner and also the fact that the petitioner has one similar previous case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

Sd/- 10/08/2021 / 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, MALAIYUR POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11096 of 2021 Date :10/08/2021 GC/JM/SAR-I/23/08/2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/