Madras High CourtCRL OP/14493/2021dismissed

Gandhi v. The State Rep By

2021-08-17Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventeenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14493 of 2021 GANDHI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, GUDIYATHAM TALUK POLICE STATION, VELLORE DISTRICT.

(CR. NO.407/2021) For Petitioner : M/S.S.PAUL GNANAMUTHU, 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 offence under Section 379, 430 of IPC 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.407 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was involved in illegal transportation of one unit of river sand by using Mini Tipper without proper licence. 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 has illegally transported one unit of river sand by using Mini Tipper. He further submits that the there is one previous case against the petitioner. Hence he opposed to grant anticipatory bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

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/- 17/08/2021 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, GUDIYATHAM TALUK POLICE STATION, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.PAUL GNANAMUTHU Advocate on payment of necessary charges CRL OP.14493/2021 Date :17/08/2021 CSK 31/08/2021 https://hcservices.ecourts.gov.in/hcservices/