This is an anticipatory bail petition under Section 438 Cr.P.C. The petitioner was charged with illegal transportation of river sand and theft under the Mines and Minerals Act. The court dismissed the petition due to the illegal activity involved.
The petition seeking anticipatory bail is dismissed. Order directed to be observed and carried into execution.
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 )
Tuesday, the Twenty Fourth day of August Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION No.15110 of 2021
G.RAJEEV @ RAJ [ PETITIONER / ACCUSED ]
Vs
THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NEEDAMANGALAM POLICE STATION, THIRUVARUR DISTRICT. (CRIME NO.515/2021)
For Petitioner : M/S S.C.VISHWANTH Advocate
For Respondent : MR. C.E.PRATAP, Govt. 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 of IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Cr.No.515 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner was involved in illegal transportation of one unit of river sand and he was escaped on seeing police officials. Hence the case was lodged by the defacto-complainant against the petitioner.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence prays for grant of anticipatory bail.
4.The learned Additional Public Prosecutor submitted that the petitioner was involved in illegal transportation of river sand through TATA 407 van. Hence he strongly opposed to grant anticipatory bail to the petitioner.
-sd/-
24/08/2021
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
1 THE INSPECTOR OF POLICE, NEEDAMANGALAM POLICE STATION, THIRUVARUR DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S S.C.VISHWANTH Advocate on payment of necessary charges
CRL OP.15110/2021
Date :24/08/2021
INBA 06/09/2021
1 issue framed by the court
Whether anticipatory bail should be granted to the accused apprehending arrest for alleged illegal transportation of river sand.
3 provisions across 3 enactments
G.Rajeev @ Raj
The State Rep by The Inspector of Police, Needamangalam Police Station
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
