Nagoor v. The Inspector Of Police

CRL OP(MD). No.14935 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14935 of 2022 Nagoor ... Petitioner/Accused Vs The State rep.by, The Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

Crime No.131 of 2022.

... Respondent/Complainant For Petitioner : Mr.Suriyakumar.M, 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.131 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(4) of the Mines and Minerals (Development and Regulations) Act, 1957 in Crime No.131 of 2022 on the file of the respondent police.

2.The case of the prosecution is that the defacto complainant lodged a complaint stating that he is owning patta land, which is situated on the northern side of Devi river in Puthoor Village. About 20 units of sand has been illegally taken by the petitioner and the same has been stored in his property. Based upon the aforesaid complaint, the case has been registered and now, seeking anticipatory bail, this petition has been filed by the petitioner. 3.The learned Government Advocate (Crl.side) for the respondent would submit that the petitioner is having two previous cases of similar in nature in Crime No.303 of 2020 on the file of the Sethoor https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14935 of 2022 Police Station and in Crime No.94 of 2022 on the file of Thalavaipuram Police Station.

4.Reading of the complainant shows that the petitioner is habitually involved in the aforesaid illegal sand mining activity. So, the discretionary relief of anticipatory bail cannot be extended to him.

5.Accordingly, this Criminal Original Petition is dismissed. sd/- 23/08/2022 / 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, Dhalavaipuram Police Station, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.14935 of 2022 Date :23/08/2022 RK/PN/SAR-II (02/09/2022) 2P/3C https://www.mhc.tn.gov.in/judis 2/2