Ashokkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ashokkumar ... Petitioner/Accused No.1 Vs The State of Tamil Nadu Rep by, The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

(Crime No. 317/2024.) ... Respondent/Complainant For Petitioner :

M/s. Selvakumar.V, Advocate.

For Respondent :

Mr.A.Albert James, Government Advocate (Crl.Side) For Intervener :

Mr.P.M.Vishnu Varathan, Advocate.

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.317 of 2024 on the file of the respondent Police.

1/3

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023 and 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Cr.No.317 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the General Manager of Brabhat Group of Companies. The said Company has a large go-down to an entent of 1,35,000/- sq.ft and in that place, the Company stored waste soil/copper slack, which was purchased from a Sterlite Company. The petitioner and some other persons are said to have trespassed into the premises and transported the block soil without any prior permission or license from the concerned officials. Hence, the complaint.

3.Heard both sides.

4.Considering the nature of the allegations in this case that the defacto complainant had stored the copper slack, which was bought from the Sterllite Chemicals Limited, in a huge extent of land and the said mineral, which is stored, has been illegally stolen by the petitioner and others, and considering the seriousness and magnitude nature of the offence that the copper slack, wherever it is utilised, has to be now found out and hence, this is a case that requires the custodial 2/3

interrogation and this Court is not inclined to enlarge the petitioner on bail.

5. Accordingly, this Criminal Original Petition is dismissed. sd/- 16/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

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

+1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate ( SR-12529[I] dated 16/10/2024 )

ORDER

IN CRL OP(MD) No.17525 of 2024 Date :16/10/2024 ED/ SVR /SAR- (29/10/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3