J.Murugesan v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.18937 of 2020 1.Murugesan.J 2.Radha.J .. Petitioners Vs.

The State rep. by The Inspector of Police Thiruttani Police Station Thiruttani Cr.No.2669 of 2020 .. Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.2669 of 2020 pending investigation on the file of the respondent police. For Petitioners : Mr.M.Vignesh For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 379 and 430 IPC r/w 21(1) of MMDR Act, in Crime No.2669 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 07.10.2020, the petitioners along with another accused had dug the lake and taken 1/2 unit of sand using the Tractor bearing Registration No.TN 20 BC 1038 and TN 20 DZ 2441 attached with unregistered Trailors without any valid permission.

3. The learned counsel for the petitioners would submit that the petitioners are innocents and a false case has been foisted against them. Therefore, he prays to grant anticipatory bail to the petitioners.

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4. The learned Additional Public Prosecutor would submit that the petitioners without any permission from the Government, had dug the lake and taken sand and thereby, degraded the environment and caused damages to the ecology. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. This Court is of the opinion that these type of cases are impacting large Magnitude and the petitioners are 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 petitioners.

7. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 11/12/2020 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, THIRUTTANI POLICE STATION, THIRUTTANI.

CC to M/S.M.VIGNESH Advocate on payment of necessary charges CRL OP.18937/2020 Date :11/12/2020 MK:17/12/2020 https://hcservices.ecourts.gov.in/hcservices/