Petitioner sought anticipatory bail under Section 438 Cr.P.C. regarding charges of illegal sand transportation and attempted murder. The court denied bail, citing the gravity of environmental offenses and the attempt on the complainant's life.
Anticipatory bail under Section 438 Cr.P.C. was refused and the Criminal Original Petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Friday, the Eighteenth day of June Two Thousand Twenty One
PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.10062 of 2021
G.KALAIYARASAN [ PETITIONER /4TH ACCUSED ]
Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KARIYAPATTINAM POLICE STATION, NAGAPATTINAM DISTRICT. CRIME NO.175/2021
For Petitioner : M/S.J.JAWAHAR Advocate For Respondent : MR. A.GOPINATH, GOVERNMENT ADVOCATE ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :-
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 379, 294(b), 341, 353, 307 of IPC r/w 21(1) Mines & Minerals (Development and Regulation) Act, 1957 in Crime No.175 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner along with other accused persons were involved in illegal transportation of 3/4 unit of river sand by using lorry. Hence, the vehicle's driver was arrested and the said vehicle was also seized and at that time, one Sakthivel/owner of the tractor and 3 unidentified persons stopped the tractor and they abused the defacto complainant with obscene words and tried to kill the defacto complainant by dousing him with petrol and setting fire on him and also on the tractor. Thereafter, they escaped from the scene of occurrence. Hence, a case has been registered.
-sd/18/06/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
CC to M/S.J.JAWAHAR Advocate on payment of necessary charges
CRL OP.10062/2021
Date :18/06/2021
SRG 28/06/2021
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who allegedly illegally transported river sand and attempted to kill the complainant.
3 provisions across 3 enactments
G. Kalaiyarasan
The State Rep. by the Inspector of Police, Kariyapattinam
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
