Desiga @ Deivasigamani v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Tenth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.4639 of 2021 DESIGA @ DEIVASIGAMANI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, CHEYYAR POLICE STATION, CHEYYAR, THIRUVANNAMALAI DISTRICT.
CRIME NO.3107/2020 For Petitioner : M/S.K.G.SENTHILKUMAR Advocate For Respondent : M/S.C.IYYAPPARAJ, Additional Public Prosecutor 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 punishable under Sections 379 and 430 IPC r/w 21(5) M.M.Act and Sec.3 of TNPPDL Act in Crime No.3107 of 2020 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant Mani, Special Sub Inspector of Police is that on 23.09.2020 while he along with his party was on watch in respect of illegal sand mining, a lorry bearing registration No.TN 28 BC 7814 was parked in a suspicious manner and on search, it was found to contain two units of river sand and on seeing the police, the accused ran away from the scene of occurrence. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case based on the confession recorded from the other accused. He would submit that the petitioner has reformed and that he was engaged in the business of transporting rice by using lorry whereas, a false complaint has been foisted against the petitioner in order to detain him. He would further submit that this is the second application for
anticipatory bail and the earlier application was dismissed by this Court vide Crl.O.P.No.18118 of 2020 by order dated 19.11.2020 following the orders passed in Crl.O.P.No.13334 of 2020 etc., batch dated 03.09.2020. Hence, he would pray for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor would vehemently oppose stating that the petitioner along with other accused was found transporting two units of river sand illegally without obtaining permission from the Government and thereby, degraded the environment and caused damages to the ecology. He would further submit that the petitioner is a History Sheeter, involved in various kinds of offences and that he has got 51 previous cases to his credit. He would further submit that the petitioner was also detained twice under the Goondas Act. The details of previous cases are listed as follows;
Cheyyar Police Station H.S.No.415/k1 Sl.
No.
Station Cr. No.
Sec PRO CASES Stage of Case 1.
Cheyyar 1652/2005 41(i), 4(1)(aaa) r/w 4(1-A) ii TNP Act (PRC 16/07) 2.
Cheyyar 127/2006 4(1)(i), 4(1)(aaa) r/w 4(1A) ii TNP Act 3.
Cheyyar PEW 124/2006 4(1)(aa) TNP Act (absconding) 4.
Cheyyar PEW 144/2006 4(1)(aa) TNP Act (absconding) 5.
Cheyyar PEW 371/2006 4(1)(i) (aaa) TNP Act (absconding) 6.
Cheyyar PEW 482/2006 4(1)(i) (aaa) TNP Act (absconding) 7.
Cheyyar 1185/2006 4(1)(aaa) r/w 4(1-A) ii TNP 8.
Cheyyar 1203/2006 4(1)(aaa) r/w 4(1-A) ii TNP 9.
Cheyyar 1345/2006 4(1)(aaa) r/w 4(1-A) ii TNP
10. Cheyyar PEW 86/2007 4(1)(i) (aaa) TNP Act
11. Cheyyar PEW 859/2007 4(1)(i) (aaa) TNP Act (absconding)
12. Cheyyar PEW 46/2008 4(1)(i) (aaa) TNP Act (absconding)
Sl.
No.
Station Cr. No.
Sec PRO CASES Stage of Case
13. Anakkavur 200/2008 4(1)(aaa) r/w 4(1-A) ii TNP Act @ 6 of R.S Rules
14. Cheyyar 209/2008 4(1) (i) r/w 4(1-A) ii TNP (absconding)
15. Cheyyar 210/2008 4(1) (i) r/w 4(1-A) ii TNP (absconding)
16. Cheyyar PEW 325/2008 4(1)(i) (aaa) r/w 4(1-A) ii TNP Act
17. Cheyyar PEW 510/2008 4(1)(i) (aaa) r/w 4(1-A) ii TNP Act & 5, 7 of R.S.
Rules
18. Cheyyar 71/2009 4(1)(aaa) r/w 4(1-A) ii TNP
19. Cheyyar 916/2009 4(1)(aaa) r/w 4(1-A) ii TNP
20. Cheyyar PEW 64/2010 4(1) (a) r/w 4(1-A) ii TNP
21. Cheyyar PEW 186/2010 4(1)(aaa) r/w 4(1-A) ii TNP Act @ 6 of R.S Rules OTHER IPC CASES
22. Cheyyar PEW 1219/2004 147, 148, 324, 323, 294 (b), 506(ii) IPC @ 147, 148, 324, 323 & 302 IPC (PRC 13/2005 & Sc.02/2006)
23. Cheyyar 930/2005 294(b), 323, 506(i) IPC Acquitted u/S.248 (i) Cr.P.C
24. Cheyyar 169/2007 294(b), 323, 506(i) IPC PT (CC.105/2007)
25. Cheyyar 697/2008 294(b), 355, 506(i) IPC Acquitted on 10.07.2015
26. Cheyyar 707/2008 147, 148, 294(b), 379, 506(i) IPC Acquitted on 24.08.2012
27. Moranam 268/2009 294(b), 341, 506(i) IPC NTF
28. Cheyyar 149/2010 147, 384 IPC Conviction fined Rs.1000/- on 08.07.2012
OTHER IPC CASES
29. Cheyyar 496/2010 147, 148, 324, 307 IPC NTF Cheyyar 503/2010 147, 148, 323, 324, 341, 307 IPC 31 Cheyyar 1119/2010 294(b), 323, 342, 3379, 506(ii) IPC Acquitted on 25.07.2012
32. Cheyyar 1125/2010 294(b), 341, 323, 417, 420, 506(ii) IPC Acquitted on 08.07.2017
33. Cheyyar 1452/2010 294(b), 341, 323, 417, 420, 506(ii) IPC Acquitted on 08.07.2017
34. Anakkavur 41/2011 447, 379, 506(ii) IPC Acquitted on 24.06.2015
35. Cheyyar 838/2011 294(b), 506(ii) IPC and 3 of PPDL Act
36. Cheyyar 865/2011 294(b), 341, 506(ii), 307 IPC
37. Cheyyar 866/2011 294(b), 353, 506(i) IPC Conviction fined Rs.1,500/- on 08.07.2
38. Vandavasi North P.S 48/2013 147, 148, 353, 307 IPC NTF
39. Cheyyar 398/2013 341, 294(b), 506(ii) IPC r/w 4 of WH Act
40. Cheyyar 19/2014 143, 188 IPC
41. Cheyyar 32/2014 147, 148, 153(A), 324, 506(ii) IPC & 3 of PPDL
42. Cheyyar 39/2014 147, 148, 324, 506(ii) IPC r/w 3 of PPDL Act
SAND CASE DETAILS
43. Cheyyar 885/2018 379, 430 IPC
44. Cheyyar 906/2018 379, 430 IPC r/w 3 of PPDL
45. Cheyyar 963/2018 379, 430 IPC r/w 3 of PPDL
46. Cheyyar 1009/2018 379, 430 IPC r/w 3 of PPDL
47. Cheyyar 88/2020 379, 430 IPC r/w 21(5) MM Act and 3 of PPDL Act
48. Cheyyar 1307/2020 379, 430 IPC r/w 21(5) MM Act and 3 of PPDL Act
49. Cheyyar 3102/2020 379, 430 IPC r/w 21(5) MM Act and 3 of PPDL Act DR:24.09.20
50. Moranam 1853/2020 379, 430 IPC r/w 21(5) MM Act and 3 of PPDL Act DR:24.09.20
51. Anakkavoor 2372/2020 379, 430 IPC r/w 21(5) MM Act and 3 of PPDL Act DR:24.09.20 Goondas Case Details:
1.Vellore District Ranipet PEW Cr.No.416/2014 U/S 4(1) (a), 4(1-A) ii TNP Act @ 6, 7 of TNRS Rules & 36, 66 Tamil Nadu Excise Act r/w 420 IPC. D.O No.110/2014 dated 27.12.2014.
2.Cheyyar P.S. Cr. No.865/2011 u/s.294(b), 341, 506(ii), 307 IPC D.O.No.02/2012, Dated 28.01.2012.
5. This Court on the earlier occasion in Crl.O.P.No.18118 of 2020 by order dated 19.11.2020, following the orders passed by this Court in a batch of applications in Crl.O.P.No.13334 of 2020 dated 03.09.2020 had dismissed the earlier application expressing the opinion that the offenders despite several orders passed by various Benches of this Court regarding illegal sand mining and knowing fully well about the evil consequences affecting the environment and society at large and the implications thereon are indulging in the offences of illegal quarrying/mining, theft and smuggling of sand and
minerals and that finding that the case comes under the category of cases of large magnitude affecting and impacting livelihood of a very large number of people knowingly and unknowingly, had dismissed the earlier application. Subsequently, the order of this Court in Crl.O.P.No.13334 of 2020 and Batch etc. dated 03.09.2020 was clarified by the Hon'ble Supreme Court and the Hon'ble Supreme Court had not agreed with the broad sweep of the observation made by this Court in Paragraph 27 of the order in Crl.O.P.No.13334 of 2020 and connected matters decided on 03.09.2020 and had directed that the Court should take into consideration the role assigned to the person on case to case basis.
6. Accordingly, this Court takes into consideration, the role assigned to the petitioner in the present case. In this case on hand, it is seen that the petitioner along with other accused has committed theft of two units of river sand and transported the same without obtaining permission from the Government. Further, the petitioner is a habitual offender involved in various kinds of offences and that he has got 51 previous cases to his credit and he has been detained twice under the Goondas Act. Thereby, this Court is of the opinion that the petitioner is not entitled for grant of anticipatory bail.
7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 10/03/2021 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, CHEYYAR POLICE STATION, CHEYYAR, THIRUVANNAMALAI DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.K.G.SENTHILKUMAR Advocate on payment of necessary charges CRL OP.4639/2021 Date :10/03/2021 cs 31/03/2021