Madras High CourtCRL OP(MD)/14992/2021dismissed

Eswaran @ Chinnaeswaran v. The Inspector Of Police

2021-10-05Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD)No.14992 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 05.10.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.14992 of 2021 Eswaran @ Chinnaeswaran ... Petitioner/Accused No.1 Vs State Represented by the Inspector of Police, Periyur Police Station, Madurai District.

(Crime No.266 of 2021) ... Respondent/Complainant For Petitioner : Mr.S.Vikaram, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.266 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order : The petitioner apprehending arrest for the offence punishable under Sections 379 IPC r/w 21(1) of Mines and Mineral (Development and Regulation) Act, 1957 in Crime No.14 of 2021 on the file of the respondent Police seeks anticipatory bail.

2.The prosecution case is that the petitioner along with other accused illegally transported one unit oodai sand. Hence the complaint.

3.The learned Government Advocate (Crl Side) appearing for the respondent submitted the petitioner and other accused transported oodai sand and he has also involved in six other cases, of which, five cases are similar in nature, as follows: https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.14992 of 2021 Sl.

No.

Details Sections of Law 1.

Peraiyur Police station Crime No.188 of 2021 379 IPC, 21(5),(4)(1)(1A) MMDR Act 2.

Peraiyur Police station Crime No.649 of 2020 188, 270 IPC 3.

Peraiyur Police station Crime No.105 of 2020 379 IPC,21(5), 4(1)(1A) MMDR Act 4.

Peraiyur Police station Crime No.382 of 2019 379 IPC, 21(5), 4(1)(1A) MMDR Act 5.

Peraiyur Police station Crime No.133 of 2019 379 IPC, 21(5), 4(1)(1A) MMDR Act 6.

Peraiyur Police station Crime No.174 of 2014 379 IPC, 21(5), 4(1)(1A) MMDR Act 4.Considering the antecedents of the petitioner that he is involved in several other cases, of which five cases are similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this petition stands dismissed. sd/- 05/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

dsk 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, Periyur Police Station, Madurai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD)No.14992 of 2021 Date : 05.10.2021 TR/PN/SAR-III(12.10.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2