Ramar (A-1) v. The State By

THE HIGH COURT OF JUDICATURE AT MADRAS DATED 07.12.2020

CORAM

THE HON'BLE Mr.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.18504 of 2020 Ramar ... Petitioner Vs.

State represented by The Inspector of Police, Konganapuram Police Station, Salem District.

(Cr.No.159 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C. seeking to enlarge the petitioner on bail in the event of his arrest in Crime No.159 of 2020 pending investigation on the file of the respondent police.

For Petitioner : M/s.U.Sowmiyanisha 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 offence punishable under Sections 379 of IPC and Section 3 (1) of Prevention of Damage to Public Property Act, 1984, in Crime No.159 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant, the Inspector of Police is that on 28.10.2020, while he was on his usual rounds, he had seen that the accused had without any permission from the Government, dug and taken sand. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that the petitioner without permission from the Government, had dug the land and taken sand and thereby degraded the environment and caused damages to the ecology. Hence, he vehemently opposed for the grant of 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. In view of the order passed by this Court in Crl.O.P.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/- 07/12/2020 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, EDAPPADI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, KONGANAPURAM POLICE STATION, SALEM DISTRICT.

CC to M/S.U.SOWMIYANISHA Advocate on payment of necessary charges CRL OP.18504/2020 Date :07/12/2020 RVR 11/12/2020 https://hcservices.ecourts.gov.in/hcservices/