Madras High CourtCRL OP/14277/2020dismissed

Thirukumaranathan v. State By,

2020-09-14Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.09.2020

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14277 of 2020 Thirukumaranathan ... Petitioner Vs.

State represented by The Inspector Of Police, Karuveppilankurichi Police Station, Cuddalore District.

(Cr.No.1123 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C. seeking to enlarge the petitioner on bail in the event of his arrest in Crime No.1123 of 2020 pending investigation on the file of the respondent police.

For Petitioner : Mr.M.Selvam For Respondent : Mr.M.Mohamed Riyaz.

Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 379 & 430 of IPC r/w. Section 21(1) of Mines and Minerals (Development & Regulation) Act 1957 in Crime No.1123 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant, the Inspector of Police is that while he was on his usual rounds found that the petitioner without any permission had taken sand in a Tractor. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

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4.The learned Additional Public Prosecutor submitted that the petitioner without getting any permission from the Government had dug the land and taken sand and thereby degraded the environment and caused damages to the ecology. Hence, he vehemently opposed for the grant of 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.

6. In view of the order passed by this Court in Crl.O.P.No.13334 of 2020 etc. batch dated 03.09.2020, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 14/09/2020 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 JUDICIAL MAGISTRATE NO.II, VIRUDHACHALAM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, KARUVEPPILANKURICHI POLICE STATION, CUDDALORE.

CC to M/S.M.SELVAM Advocate on payment of necessary charges CRL OP.14277/2020 Date :14/09/2020 MK:22/09/2020 https://hcservices.ecourts.gov.in/hcservices/