Madras High CourtCRL OP/14487/2020dismissed

Srinath v. State Rep By Its

2020-09-17Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2020

CORAM

THE HON'BLE Mr.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14487 of 2020 1.Srinath 2.Surya ... Petitioners Vs.

State rep. by its, The Inspector Of Police, Thakkolam Police Station, Vellore District.

(Cr.No.260 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of their arrest in connection with in Crime No.260 of 2020 pending on the file of the respondent police.

For Petitioners : Mr.D.Dayalan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 430, 379 and 511 of IPC, r/w. Section 21(1) of Mines and Minerals Act, in Crime No.260 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the petitioners had transported sand illegally through two Lorries and one JCB. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he sought for the grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that the petitioners without obtaining 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 petitioners. https://hcservices.ecourts.gov.in/hcservices/

5. This Court is of the opinion that these type of cases are impacting large magnitude and the petitioners are misusing the discretionary power 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 petitioners. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 17/09/2020 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, ARAKKONAM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, THAKKKOLAM POLICE STATION, VELLORE DISTRICT CC to M/S. D.DAYALAN Advocate on payment of necessary charges sr.6309 CRL OP.14487/2020 Date :17/09/2020 RVR 22/09/2020 https://hcservices.ecourts.gov.in/hcservices/