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Madras High CourtCRL OP/13427/2021dismissed

Sonu @Ramprasath v. State Rep By

2021-08-03Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Third day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13427 of 2021 1 SONU @RAMPRASATH [ PETITIONERS / ACCUSED ] 2 ARUN 3 RAJA @ RAJI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, K.V.KUPPAM POLICE STATION, VELLORE DISTRICT.

(CR.NO.104/2021) For Petitioner : M.RAJENDIRAN 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 379, 430 of IPC r/w 21(1) of Mines and Minerals (Development & Regulation) Act in Crime No.104 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners were involved in illegal transportation of 2 units of river sand by using 4 bullock carts (1⁄4 unit each), without obtaining proper licence. Hence, the complaint.

3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he has prayed for grant of anticipatory bail to the petitioners.

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4.The learned Government Advocate (Crl.Side) submits that the petitioners have illegally transported 2 units of river sand by using 4 bullock carts. He further submits that these petitioners are having previous cases and hence he opposed to grant anticipatory bail to the petitioners.

5.This Court is of the opinion that these type of cases are impacting large Magnitude and the petitioners are misusing the discretionary of this Court and continues with the offences affecting the environment and ecology and considering that these petitioners are having previous cases.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/08/2021 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, K.V.KUPPAM POLICE STATION, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M.RAJENDIRAN Advocate on payment of necessary charges CRL OP.13427/2021 Date :03/08/2021 CSK 13/08/2021 https://hcservices.ecourts.gov.in/hcservices/