Madras High CourtCRL OP/16232/2021dismissed

Thirupathy 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.16232 of 2021 THIRUPATHY [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, U-3 KANDILI POLICE STATION, TIRUPATTUR DISTRICT.

CRIME NO.122/2021 For Petitioner : M/S.R.THIRUMOORTHY Advocate For Respondent : MR.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 apprehends arrest at the hands of the respondent police for the alleged offence under Sections 379, 430 of IPC and section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.122 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was transported 1⁄4 unit of river sand by using lorry. Hence, the complaint.

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 1⁄4 unit of sand by using lorry and hence he opposed to grant anticipatory bail to the petitioner. 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.

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

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, U-3 KANDILI POLICE STATION, TIRUPATTUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.16232/2021 Date :07/09/2021 TA-27/09/2021 https://hcservices.ecourts.gov.in/hcservices/