1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13343 of 2011 MURUGAN ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE KARIVALAMVANDHANALLUR POLICE STATION, TIRUNELVELI DISTRICT. (CRIME NO.245 OF 2011 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. V.SASIKUMAR Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest, the petitioner, in Crime No.245 of 2011 on the file of the respondent Police for the alleged offences punishable under Sections 287, 337, 304(A) of IPC read with Section 379 of IPC, has come forward with this Petition seeking for anticipatory bail. 2. According to the case of the prosecution, the petitioner was indulged in illegal sand mining and during that process, the sand fell on the deceased, resulting in the death of a person employed by him. 3. The learned counsel for the petitioner would submit that two other accused have been granted anticipatory bail by the learned Sessions Judge in Crl.M.PNo. 3923 of 2011 and therefore, the petitioner may also be granted anticipatory bail. 4. In my considered opinion, the petitioner's case has been in a different footing. The Sessions Judge has granted bail to the co-accused because there are no specific overt acts against them and more particularly, because the first petitioner therein was the owner of the vehicle and the second petitioner was only the driver of the vehicle. The present petitioner was not granted bail by the Sessions Judge, since he was the one actually doing the illegal sand mining. The same footing cannot be extended to the petitioner and there are very https://hcservices.ecourts.gov.in/hcservices/ 2 strong grounds against the petitioner. One life has been lost because of the illegal mining done by the petitioner. Therefore, it is not a fit case for granting anticipatory bail to the petitioner. 5. Accordingly, this Petition is dismissed. sd/- 12/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE INSPECTOR OF POLICE, KARIVALAMVANDHANALLUR POLICE STATION TIRUNELVELI DISTRICT. 2 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.13343 of 2011 Date :12/10/2011 PA/18.10.2011/2P/3C https://hcservices.ecourts.gov.in/hcservices/