Subramani @ Subramaniam v. The Inspector Of Police

CRL OP(MD). No.19183 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/10/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19183 of 2022 Subramani @ Subramaniam ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

Cr.No.486/2022.

... Respondent/Complainant For Petitioner : M/s.PRABHA S, Advocate.

For Respondent : Mr.S.S.MADHAVAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 486/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of IPC and Section 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.486 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that without any valid permission, the petitioner along with other accused were digging the land up to 3 ft., and illegally transported the Savudu sand by using JCB and Tipper lorry. Hence, the complaint.

3. The learned counsel for the petitioner submitted that this the third anticipatory bail petition, earlier anticipatory bail Petitions filed by the petitioner in Crl.OP(MD)Nos.11057 and 14139 of 2022 were dismissed on 29.06.2022 and 05.08.2022, on the ground that the petitioner is having a similar case. He further submitted that the petitioner is ready to file an undertaking affidavit stating that the petitioner will not indulge in such activities in future. Hence, he prays for grant of anticipatory bail to the petitioner.

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

CRL OP(MD). No.19183 of 2022

4. The petitioner, who is continuously involved in illegal sand mining activities is not at all entitled for the discretionary of anticipatory bail. Accordingly, this Criminal Original Petition is dismissed.

sd/- 31/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, THIRUVIDAIMARUTHUR POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.19183 of 2022 Date :31/10/2022 TTA SA/SBN/SAR.2/04.11.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2