Madras High CourtCRL OP(MD)/19111/2022dismissed

Anush @ Aniskumar v. The Inspector Of Police

2022-10-28Honourable Mr Justice A.A.Nakkiran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19111 of 2022 Anush @ Aniskumar ... Petitioner/Accused No.8 Vs State rep.by The Inspector of Police, Peravurani Police Station, Thanjavur District.

(Crime No.667/2022).

... Respondent/Complainant For Petitioner : M/s.Deenadhayalan S, Advocate For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.667/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 353, 379, 506(i) IPC and Section 3(1) of TNPPDL Act @ Sections 294(b), 353, 379, 506(i) IPC and Section 3(1) of TNPPDL Act and Section 21(4) of Mines and Minerals (Development & Regulations) Act, in Crime No.667 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 04.10.2022, the accused persons illegally quarried sand at Kandiyarkulam, worth about Rs.30,000/- and also damaged the bank of Kandiyarkulam, https://www.mhc.tn.gov.in/judis

thereby, caused damages to the tune of Rs.50,000/-. Hence, the complaint.

3.On the side of the petitioner, it is stated that a false case was foisted against the petitioner. The petitioner is noway connected with the offence. Hence, prays to release him on anticipatory bail.

4. On the side of prosecution, it is stated that in this case, totally five accused involved. The petitioner is arrayed as A5. They illegally transported sand, worth about Rs.30,000/-, thereby, caused damages to the bank of Kandiyarkulam, to the tune of Rs.50,000/-. Custodial interrogation is necessary in this case and prayed to dismiss the petition.

5.Considering the facts and circumstances of the offence, considering the cost of damages occurred by the accused and also considering the grievous nature of offence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed.

Sd/- 28/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.19111 of 2022 Date :28/10/2022 SP/SSS/SAR I/03/11/2022/2P/3C https://www.mhc.tn.gov.in/judis