C.Karthikeyan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17352 of 2021 1 C.KARTHIKEYAN [ PETITIONERS / ACCUSED ] 2 N.SAKKARAVARTHY 3 N.SHANMUGANATHAN @ KUTTY 4 R.RAJESH Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KUTTALAM POLICE STATION, MAYILADUTHURAI DISTRICT.

CRIME NO.758 OF 2021.

For Petitioner : M/S.U.KATHIRAVAN 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 petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 379, 430 of I.P.C. r/w.21(1) of Mines and Minerals (Development and Regulation) Act in Cr.No.758 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioners are alleged to have been involved in illegal transportation of 2 units of river sand. The petitioners are arrayed as A1 to A4.

3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He would further submit that the petitioners are neither owner of the sand nor owner of the vehicle and would further submit that the second petitioner/ A2 is 69 years old and is suffering from health issues.

4.The learned Government Advocate submitted that there is one previous case as against A2 and that the petitioners 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.

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.Hence, this Court is not inclined to grant anticipatory bail to the petitioners. This criminal original petition is accordingly dismissed.

-sd/- 20/09/2021 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, KUTTALAM POLICE STATION, MAYILADUTHURAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.U.KATHIRAVAN Advocate on payment of necessary charges CRL OP.17352/2021 Date :20/09/2021 JPA 27/09/2021