Madras High CourtCRL OP/13031/2021dismissed

R.Siva v. State Rep By

2021-07-29Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13031 of 2021 R.SIVA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VILLUPURAM TALUK POLICE STATION, VILLUPURAM DISTRICT.

(CRIME NO.808/2021) For Petitioner : M/S J.RAJMOHAN 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 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.808 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the petitioner had transported 1⁄2 unit of river sand illegaly in his Ashok Leyland Dost without obtaining proper license. 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. 4.The learned Government Advocate (Crl.Side) submits that the petitioner along with other accused persons have illegally transported 1⁄2 unit of river sand by using Ashok Leyland Dost without obtaining proper license and hence he opposed to grant 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.

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6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 29/07/2021 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, VILLUPURAM TALUK POLICE STATION, VILLUPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S J.RAJMOHAN Advocate on payment of necessary charges CRL OP.13031/2021 Date :29/07/2021 INBA 03/08/2021 https://hcservices.ecourts.gov.in/hcservices/