V.K.Velmurugan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 16392 of 2020 V.K.Velmurugan ... Petitioner/Accused Vs.

The State represented by, The Station House Officer, Chidambaram Taluk Police Station, Cuddalore District.

[Crime No. 567 of 2020] ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No. 567 of 2020, on the file of the respondent police.

For Petitioner : Mr.J.B.Solomon Peter Kamal Doss For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 430, 379 of IPC r/w. 21(1) of Mines and Minerals Act, in Crime No. 567 of 2020, on the file of the respondent, seeks anticipatory bail. The case of the prosecution is that on the 16.09.2020 when the respondent police along with his police party was on routine checkup, the petitioner was found illegally transporting one unit of river sand by using tipper lorry bearing Registration No. TN51 K 7497, attached to Mahendra 475 Tractor bearing Registration No. TN 32 X 6751. Hence, the complaint.

The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

The learned Additional Public Prosecutor submitted that the quantity of sand involved in this case is one unit. He further submits that the petitioner without obtaining any permission from the Government had illegally dug the land and transported sand, thereby degraded the environment and caused damages to the ecology. Hence he vehemently opposed for the grant of anticipatory bail to the petitioner.

This court is of the opinion that the offenders despite several orders passed by various benches of this court regarding illegal sand mining and 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.

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. In view of the order passed by this Court in Crl.OP No.13334 of 2020 etc. Batch, dated 03.09.2020, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 15/10/2020 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 JUDICIAL MAGISTRATE, NO.II, CHIDAMBARAM.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION]

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE STATION HOUSE OFFICER, CHIDAMBARAM TALUK POLICE STATION, CUDDALORE DISTRICT.

CC to M/S J.B.SOLOMON PETER KAMAL DO Advocate on payment of necessary charges CRL OP.16392/2020 Date :15/10/2020 cs 28/10/2020