KATCHI MYDEEN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner, who is arrayed as A23 apprehending arrest for the alleged offence punishable under sec. 379 IPC r/w 21(1)(IV) of the Mines and Minerals Act, in Crime No.2 of 2021 on the file of the respondent police and hence, seeks anticipatory bail.

(2.) The case of the prosecution is that the de-facto complainant is the Deputy Thasildhar working in Ambasamudaram Taluk. The accused was granted permission by the Thasildhar, Ambasamudiram for the purpose of putting up storage yard in Survey No.843, South Kallidaikurichi Village for storing mines weighting about 41,996 cbm. Permission was also granted to the accused to transmit the above said minerals. Apart from the above permitted field, the accused was also managing other survey numbers about 280 acres. Since the above said survey numbers claimed to farm ponds, 7 ponds have been formed. About 600 units has been taken from the ponds. No permission was obtained for farming the above said ponds. The sand has been processed and has been sold away. No machinery was also installed by the above accused person for the purpose of manufacturing the M-sand. About 11,146 units of sand has also been lifted. So for the above said complaint, he made allegation that the accused Manivel George has lifted sand without proper permission and licence and also by processing the same, sold away. Based upon which, the above said case has been registered originally by CCB, Tirunelveli and on the basis of the order of this court passed in WP(MD) Nos.11057 and 15312 of 2020, dtd. 20/07/2021, later, it has been taken over by the CBCID (SIT),Tirunelveli. But during the course of investigation, so many materials have been collected and the accused persons namely Manivel George went absconding. Later, he filed the anticipatory bail before this court in Crl.OP(MD)No.14887 of 2021 and in that petition, interim anticipatory bail has been granted to the 1st accused on the ground that for the past 1-1/2 years, no arrest has been made upon the accused person.

(3.) During the course of investigation, several persons have been implicated in this case. Totally more than 13 accused in this matter and this petitioner/A23. Seeking anticipatory bail, this petition came to be filed by this petitioner.