Venkatesan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty Second day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17512 of 2021 VENKATESAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, VENGAL POLICE STATION, THIRUVALLUR DISTRICT.
(CR. NO. 514/2021) For Petitioner : M/S.R.SASIKUMAR 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 petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 430 & 379 of IPC r/w Section 21(1) Mines and Minerals Act, in Crime No.514 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused persons had tranported 1 unit of river sand illegally by using tractor, without obtaining proper license. Hence, the complaint.
3. The learned counsel appearing for the petitioner submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail.
4. The learned Government Advocate (Crl.Side) submitted 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 ecology. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.
5. This Court perused its careful consideration to the submissions advanced by the learned counsel on either side.
6. This Court is of the opinion that, despite several orders having been passed by various Benches of this Court regarding illegal sand mining and quarrying, knowing fully well about the evil consequences which affects the environment and society at large and the implications thereon, due to the above said illegal acts on the environment, persons are still reporting and indulging in illegal quarrying/mining of sand. Thereby causing great damage to the ecological balance of the environment. Cases of this nature is not only of large magnitude affecting environment, but it also leads to impacting the livelihood of the large number of people in the vicinity of the sand area.
7. This Court finds that the discretionary power of grant of anticipatory bail 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 such illegal sand mining, smuggling and theft of sand and minerals.
8. In view of the above position and also in view of the orders 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/- 22/09/2021 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 SUB INSPECTOR OF POLICE, VENGAL POLICE STATION, THIRUVALLUR DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges CRL OP.17512/2021 Date :22/09/2021 CSK 12/10/2021