Madras High CourtCRL OP/6927/2021dismissed

Shanmugam v. State Rep By

2021-04-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Ninth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.6927 of 2021 1 SHANMUGAM [PETITIONERS] 2 KANAGARAJ @ KANAGARASAN 3 PUGAZHENDHI Vs STATE REP BY [RESPONDENT/COMPLAINANT] THE INSPECTOR OF POLICE, B5 VALAVANUR POLICE STATION, VILLUPURAM.

CRIME NO.176/2021 For Petitioners : M/S.M.PONMUDI Advocate For Respondent : M/S.K.PRABAKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 379, 430 IPC read with 21(i) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.176 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioners were involved in illegal transportation of one unit of river by using lorry.

3.The learned counsel appearing for the petitioner submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. 4.The learned Additional Public Prosecutor submitted that the petitioners have illegally transported one unit of sand by using lorry and hence he opposed to grant anticipatory bail to the petitioners. 5.This Court is of the opinion that these type of cases are impacting large Magnitude and the petitioner is misusing the discretionary of this Court and continues with the offences affecting the environment and ecology. Hence, this Court is not inclined to grant anticipatory bail to the petitioners.

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6.Accordingly, this criminal original petition is dismissed. -sd/- 09/04/2021 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, B5 VALAVANUR POLICE STATION, VILLUPURAM.

2.THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.PONMUDI Advocate on payment of necessary charges CRL OP.6927/2021 Date :09/04/2021 TK/27.04.2021 https://hcservices.ecourts.gov.in/hcservices/