Madras High CourtCRL OP/12970/2021dismissed

T.Thirunavukarasu v. State Rep.By

2021-07-28Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.12970 of 2021 T.THIRUNAVUKARASU [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERANAMALLUR POLICE STATION, TIRUVANNAMALAI DISTRICT.

CR.NO.2064 OF 2020.

For Petitioner : M/S. S.KRISHNAMOORTHY Advocate For Respondent : MR. 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 apprehend arrest at the hands of the respondent police for the alleged offence under Sections 379, 430 of IPC and 21(1) Mines and Minerals (Development & Regulation) Act,1957 and 3(2) Tamilnadu Public Property(Prevention of Damage and Loss) Act, 1992 in Crime No.2064 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused persons were involved in illegal transportation of 2 units of river sand by using lorry without valid licence and damaged the river bed of Cheyyar. 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 were involved in illegal transportation of 2 units of river sand by using lorry without valid licence and damaged the river bed of Cheyyar. Hence he opposed to grant anticipatory bail to the petitioner.

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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.Accordingly, this Criminal Original Petition is dismissed. -sd/- 28/07/2021 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, PERANAMALLUR POLICE STATION, TIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. S.KRISHNAMOORTHY Advocate on payment of necessary charges CRL OP.12970/2021 Date :28/07/2021 APN 03/08/2021 https://hcservices.ecourts.gov.in/hcservices/