Kalaivanan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2020

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14677 of 2020 1.Kalaivanan 2.Arokiya Rajesh ... Petitioner/A1&A2 Vs.

State represented by The Inspector of Police, S-6, Sankar Nagar Police Station, Pammal, Chennai-75.

(Cr.No.908 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.908 of 2020 pending investigation on the file of the respondent police.

For Petitioners : Mr.J.Thomas For Respondent : Mr.M.Mohamed Riyaz.

Additional Public Prosecutor

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 379 of IPC and 21(1) of Mines and Minerals (Development & Regulation) Act 1957, in Crime No.908 of 2020 on the file of the respondent police, seek 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 petitioners without any permission had taken sand in a Tipper Lorry. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

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4. The learned Additional Public Prosecutor submitted that the petitioner without obtaining any permission from the Government had illegally dugged the land and transported sand, thereby degraded the environment and caused damages to the ecology. Hence he vehemently opposed for the grant of anticipatory bail to the petitioners.

5. This court is of the opinion that the offenders despite several orders passed by various benches of this court regarding illegal sand mining and knowing fully well about the evil consequences affecting the environment and society at large and the implications thereon are indulging in the offences of illegal quarrying/mining, theft and smuggling of sand and minerals. These cases come within the category of cases of large magnitude affecting and impacting livelihood of a very large number of people knowingly and unknowingly.

6. This Court finds that the discretionary power has been consciously and continuously misused by the offenders in an organised manner and this Court is of the firm opinion that the discretionary powers cannot be extended to persons indulging in illegal sand mining, smuggling and theft of sand and minerals.

7. In view of the order passed by this Court in Crl. OP 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/- 21/09/2020 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, TAMBARAM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, S-6, SANKAR NAGAR POLICE STATION, PAMMAL, CHENNAI - 75.

CC to M/S. J.THOMAS Advocate on payment of necessary charges CRL OP.14677/2020 Date :21/09/2020 cs 30/09/2020 https://hcservices.ecourts.gov.in/hcservices/