Madras High CourtCRL OP/11349/2021dismissed

Kumar v. State By

2021-07-02Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Second day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.11349 of 2021 KUMAR [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, VENGAL POLICE STATION, THIRUVALLUR DISTRICT.

CRIME NO.157/2021.

For Petitioner : M/S.R.SURESH KUMAR Advocate For Respondent : MR. A. GOPINATH, 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, 430 of IPC read with Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.157 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.

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, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate submitted that the petitioner along with other accused person have illegally transported one unit of sand by using lorry and there is a previous case pending against the petitioner and hence he opposed to grant anticipatory bail to the petitioner.

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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.

6.Accordingly, this criminal original petition is dismissed. -sd/- 02/07/2021 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, VENGAL POLICE STATION, THIRUVALLUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.SURESH KUMAR Advocate on payment of necessary charges CRL OP.11349/2021 Date :02/07/2021 APN 20/07/2021 https://hcservices.ecourts.gov.in/hcservices/