Madras High CourtCRL OP/6715/2022dismissed

N.Perumal v. State Rep By

2022-03-25Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fifth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.6715 of 2022 N.PERUMAL [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ULUNDURPETTAI POLICE STATION, KALLAKURICHI.

CRIME NO.389 OF 2021 For Petitioner : M/S.K.VIJAYARAGAVAN, Advocate For Respondent : MR.S.UDAYA KUMAR, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 379 IPC in Crime No.389 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused were involved in illegal transportation of one unit of river sand by using lorry. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4.The learned Government Advocate submitted that this is the 4th bail application of the petitioner. The petitioner along with other accused person, without any permission, had illegally dugged the land https://hcservices.ecourts.gov.in/hcservices/

and transported sand, thereby degraded the environment and caused damages to the ecology and further submitted that there is no previous case as against the petitioner. Hence he opposed to grant anticipatory bail to the petitioner.

5.This court is of the opinion that these types of cases are impacting large Magnitude and the petitioner is misusing the discretionary power of this Court and continues with the offences affecting the environment and ecology and there is no change of circumstances.

6.Accordingly, this criminal original petition is dismissed. -sd/- 25/03/2022 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, ULUNDURPETTAI POLICE STATION, KALLAKURICHI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.VIJAYARAGAVAN Advocate on payment of necessary charges CRL OP.6715/2022 Date :25/03/2022 JPA 08/04/2022 https://hcservices.ecourts.gov.in/hcservices/