Madras High CourtCRL OP/16206/2021dismissed

Vijayan v. The State Rep By

2021-09-07Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventh day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16206 of 2021 VIJAYAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, JOLARPET POLICE STATION, THIRUPPATHUR DISTRICT, VELLORE DISTRICT.

Crime No.297 of 2021 For Petitioner : M/S.E.KANNADASAN Advocate For Respondent : M/S. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 379, 430 of IPC read with Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.297 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 three units of river sand by using tipper lorry.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant of anticipatory bail to the petitioner. 4.The learned Government Advocate submitted that the petitioner has illegally transported three units of sand by using lorry and there are two previous cases pending against the petitioner and 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 types of cases are impacting large Magnitude and the petitioner is misusing the discretionary power of this Court and continues with the offences affecting the environment and ecology.

6.Accordingly, this criminal original petition is dismissed. -sd/- 07/09/2021 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, JOLARPET POLICE STATION, THIRUPPATHUR DISTRICT, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.E.KANNADASAN Advocate on payment of necessary charges CRL OP.16206/2021 Date :07/09/2021 APN 24/09/2021 https://hcservices.ecourts.gov.in/hcservices/