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Madras High CourtCRL OP/13162/2021dismissed

Rajendran v. State Rep. By

2021-08-03Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Third day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13162 of 2021 RAJENDRAN [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VRIDDHACHALAM POLICE STATION, CUDDALORE DISTRICT, (CRIME NO.1895/2020) For Petitioner : M/S. T.MEGANATHAN Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 379, 430 of IPC r/w 21(1) of Mines and Minerals (Development & Regulation) Act in Crime No.1895 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioner had transported 1/2 unit of river sand illegally in his Tractor, without obtaining proper licence. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he has prayed for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) submits that the petitioner without obtaining any permission from the Government, had illegally dug the land and transported sand, thereby, degraded the https://hcservices.ecourts.gov.in/hcservices/

environment and caused damages to ecology. He further submits that this is the second bail application and the previous application was dismissed by this Court on 16.06.2021 in Crl.O.P.No.9646 of 2021. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/08/2021 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, VRIDDHACHALAM POLICE STATION, CUDDALORE DISTRICT, 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. T.MEGANATHAN Advocate on payment of necessary charges CRL OP.13162/2021 Date :03/08/2021 CSK 16/08/2021 https://hcservices.ecourts.gov.in/hcservices/