Madras High CourtCRL OP/9366/2021dismissed

R.Gurunathan v. The State Rep By

2021-06-14Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.No.9366 of 2021 R.Gurunathan ... Petitioner

Versus

State Rep. by The Inspector of Police, Manalmedu Police Station, Nagapattinam District.

(Crime No.1259 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of arrest by the respondent Police in Crime No.1259 of 2020 on the file of the respondent Police.

For Petitioner : Ms.D.Sivagami For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 379 and 430 IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.1259 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was involved in illegal transportation of one unit of river sand by using tipper lorry.

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. 4.The learned Additional Public Prosecutor submitted that the petitioner has illegally transported one unit of river sand by using tipper lorry and hence he opposed to grant anticipatory bail to the petitioner.

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.

https://hcservices.ecourts.gov.in/hcservices/

6.Accordingly, this criminal original petition is dismissed. -sd/- 14/06/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, MANALMEDU POLICE STATION, NAGAPATTINAM DISTRCT.

CC to M/S.D.SIVAGAMI Advocate on payment of necessary charges CRL OP.9366/2021 Date :14/06/2021 MK:06/07/2021 https://hcservices.ecourts.gov.in/hcservices/