Vairamuthu v. The Inspector Of Police

CRL OP(MD). No.14802 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14802 of 2022

1. Vairamuthu,

2. Thangamuniyandi, ... Petitioners/Accused Nos. 1 & 3 Vs State Rep.by The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

(Crime No. 185 of 2022).

... Respondent/Complainant For Petitioners : Mr.C.Senthil Murugan, 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.185 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner is facing charges under Section 379 IPC and Section 21(1) of the Mines and Minerals (Development and Regulations) Act, 1957 in Crime No.185 of 2022 on the file of the respondent police.

2.The case of the prosecution is that on 05.07.2022 at about 08.00 am., when the defacto complainant, who is the Village Administrative Officer of Thiruthangal, along with other officers was on the routine duty, he found two Tipper Lorries, which were engaged in taking the river sand. On enquiry, it was found that the sand worth about Rs.3,000/- has been illegally taken, upon which the present case has been registered.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14802 of 2022 3.The learned Government Advocate (Crl.side) for the respondent would submit that the 1st petitioner has been arrested during the pendency of this petition and the 2nd petitioner is having two previous cases, which are similar in nature.

4.Considering the fact that the 1st petitioner has been arrested during the pendency of this petition and the 2nd petitioner is also involved in previous cases in similar nature, they are not entitled for the discretionary relief of anticipatory bail. 5.Accordingly, this petition stands dismissed as infructuous, insofar as the 1st petitioner is concerned and insofar as the 2nd petitioner is concerned, this petition stands dismissed as not maintainable.

sd/- 18/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MM 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 THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.14802 of 2022 Date :18/08/2022 PKP/JM/SAR-2/01.09.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2