N.Perumal v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Third day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14920 of 2021 N.PERUMAL [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ULUNDURPETTAI POLICE STATION, KALLAKURICHI.

(CRIME NO. 389 OF 2021) For Petitioner : M/S. M.KARTHIK 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 petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Section 379 of I.P.C. in Cr.No.389 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is alleged to have been involved in illegal transportation of 1 unit of river sand.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. 4.The learned Government Advocate (Crl. Side) submitted 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 and further submitted that there are two previous cases as against the petitioner and that earlier the petitioner filed Crl.O.P.No.13346 of 2021 and the said petition was dismissed by this Court.

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5.This Court is of the opinion that the offenders, despite several orders being passed by various Benches of this Court regarding illegal sand mining and quarrying 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.Further, there is no change in circumstances, subsequent to the order passed in Crl.O.P.No.13346 of 2021. Hence, this Court is not inclined to grant anticipatory bail to the petitioner. This criminal original petition is accordingly dismissed. -sd/- 23/08/2021 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, ULUNDURPETTAI POLICE STATION, KALLAKURICHI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.KARTHIK Advocate on payment of necessary charges CRL OP.14920/2021 Date :23/08/2021 CSK 01/09/2021 https://hcservices.ecourts.gov.in/hcservices/