CRL OP(MD)/18015/2017 of NAPOLEON Vs THE SUB INSPECTOR OF POLICE, on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18015 of 2017

NAPOLEON ... PETITIONER/SOLE ACCUSED

Vs

STATE, REP. BYSUB INSPECTOR OF POLICE, AMMAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO.83/2017... RESPONDENT/COMPLAINANT

For Petitioner : M/s.P.KALAIYARASI BHARATHI Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.side)

PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Sole Accused, who was arrested on 14.12.2017 andremanded to judicial custody on the same day for the offencespunishable under Section 379 IPC r/w Section 21(1) of Mines andMinerals Act in Crime No.83 of 2017 on the file of the respondentpolice, seeks bail.

2. The case of the prosecution is that the petitioner issaid to have illegally transported two cement bags of river sand inhis two wheeler, which resulted in registration of the present case.

3. The learned counsel for the petitioner has submittedthat the petitioner has been falsely implicated in this case and heis ready to abide by any conditions being imposed by this Court.

4. The learned Government Advocate (Crl.Side) has stronglyobjected to the grant of bail, contending that the investigation ofthe case is at the initial stage and if the petitioner/accused islet out on bail, there is every possibility of the accused tamperingthe witnesses/evidences and hampering the investigation.

5. Taking into consideration the serious nature of thehttps://hcservices.ecourts.gov.in/hcservices/allegations levelled against this petitioner and the fact that hewas taken into custody only from 14.12.2017, this Court is not inclined to grant the relief as prayed for by the petitioner.

6. In the result, this Criminal Original Petition standsdismissed accordingly.

sd/-

28/12/2017

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1 THE SUB INSPECTOR OF POLICE,

AMMAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT, 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

+1. CC to M/S.P.KALAIYARASI BHARATHI Advocate SR.No.37127