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Madras High CourtCRL OP(MD)/20674/2021dismissed

Murugan v. The Sub Inspector Of Police

2022-02-24Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR and CRL OP(MD). Nos.878 and 880 of 2022 Murugan : Petitioner/Sole Accused (in all petitions) Vs State rep.by The Sub-Inspector of Police, Austinpatti, Madurai, Crime No.198/2021).

U/S.379 IPC AND 21(5) MINES & MINERALS (DEVELOPMENT & REGULATION) ACT : Respondent/Complainant in CRL.OP(MD).No.20674/2021 State rep.by The Sub-Inspector of Police, Thiruppuvanam, Sivagangai District.

Crime No.71 of 2020.

U/S.379 IPC AND 21(1) MINES & MINERALS (DEVELOPMENT & REGULATION) ACT : Respondent/Complainant in CRL.OP(MD).No.878/2022 State rep.by The Sub-Inspector of Police, Thiruppuvanam, Sivagangai District.

Crime No.319 of 2018.

U/S.379 IPC AND 21(1) MINES & MINERALS (DEVELOPMENT & REGULATION) ACT : Respondent/Complainant in CRL.OP(MD).No.880/2022 (in all petitions) For Petitioner : Mr.J.GunaseelanMuthiah, Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) COMMON PRAYER :- For Anticipatory Bail in Crime No.198/2021, Crime No.71 of 2020 and Crime No.319 of 2018 on the file of the respondent Police respectively.

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ORDER : The Court made the following Common order :- The petitioner/Accused in CRL.OP(MD).No.20674/2021, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 IPC and 21(5) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.198 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The petitioner/Accused in CRL.OP(MD).No.878/2022, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 IPC and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.71 of 2020 on the file of the respondent police, seeks anticipatory bail.

3.The petitioner/Accused in CRL.OP(MD).No.880/2022, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 IPC and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.319 of 2018 on the file of the respondent police, seeks anticipatory bail. 4.The case of the prosecution is that the petitioner has illegally transported the river sand. Hence, the complaint. 5.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. However, he would further submit that the petitioner without prejudice to his right, is ready to deposit the amount that may be imposed by this Court.

6.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner is having five previous cases for similar offence. He would further submit that the investigation is pending.

7.Considering the nature of the offence alleged and the antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner at this point of time. 8.Accordingly, these Criminal Original Petitions are dismissed. sd/- 24/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 SUB INSPECTOR OF POLICE AUSITNPATTI, MADURAI 2 THE SUB INSPECTOR OF POLICE, THIRUPPUVANAM, SIVAGANGAI DISTRICT.

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

ORDER

IN and CRL OP(MD). Nos.878 and 880 of 2022 Date :24/02/2022 SS/SBN/SAR-I/03.03.2022 : 3P/4C 3/3