CRL OP(MD). No.10001 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 28/07/2021

PRESENT

The Hon`ble Mr.Justice G.CHANDRASEKHARAN

CRL OP(MD). No.10001 of 2021

Sukumaran

... Petitioner/Accused

Vs

State rep.by

The Inspector of Police,

Aralvaimozhi Police Station,

Kanyakumari District.

Crime No. 428 of 2021

... Respondent/Complainant

For Petitioner : M/s.Saravanan D,

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.428 of 2021 on the file

of the Respondent Police.

ORDER : The Court made the following order :-

The petitioner, who apprehends arrest at the hands of the

respondent police for the alleged offences punishable under Section

379 of IPC and Section 21(1) of Mines and Minerals (Development &

Regulations) Act, 1957, in Crime No.428 of 2021, seeks anticipatory

bail.

2. The case of the prosecution is that on a complaint forwarded

from the Hon'ble Chief Minister Special Cell with regard to the sand

theft, the defacto complainant conducted a spot inspection with

surveyor, on 07.07.2021. Survey No.447/2 to an extent of 0.49.50

hectare belongs to this petitioner and he runs a brick kiln in

there and nearby his land there is a Government poramboku odai in

Survey No.447/1. During the inspection, it is found that sand

measuring 7020 cubic meter feet was accumulated from Government

poromboku odai in Survey No.447/1. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the

petitioner is innocent and he did not commit any offence as alleged

by the prosecution. He further submitted that, he has registered his

brick kiln and he produced certificate of registration issued by the

District Collector (AD Mines), Kanniyakumari, in this regard and

1/2

https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD). No.10001 of 2021

therefore, he seeks anticipatory bail to the petitioner.

4.The learned Government Advocate(Crl.Side) appearing for the

respondent police strongly opposed this petition on the ground that

this petitioner is running his brick kiln near Government poramboku

odai. But the sand was illegally accumulated from the Government

poramboku odai and this offence comes under Mines and Minerals Act.

5. It is seen from the records that the petitioner said to have

illegally taken and accumulated sand to an extent of measuring 7020

cubic meter feet from Government poramboku odai in Survey No.447/1

Government poramboku odai is a channel which supplies water to water

bodies. This offence of illegal mining is not only an offence

against any particular individual, but against the Society at large.

It affects not only the present population, but the posterity as

well. Investigation is an preliminary stage. In this view of the

matter, this Court is not inclined to grant anticipatory bail to the

petitioner. Accordingly, this Criminal Original Petition is

dismissed.

sd/-

28/07/2021

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

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 Inspector of Police,

Aralvaimozhi Police Station,

Kanyakumari District.

2. The Additional Public Prosecutor,

Madurai Bench of Madras High Court,