Sekar 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.19051 of 2020 Sekar ... Petitioner Vs.

The State rep. by

...Respondent

The Inspector of Police Thiruttani Police Station, Thiruttani.

Cr.No.2669 of 2020.

Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.2669 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehends 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, seeks anticipatory bail.

2. The case of the prosecution is that on 07.10.2020, the petitioner along with other 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 petitioner would submit that the petitioner is innocent and a false case has been foisted against him. Therefore, he prays to grant anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor would submit that the petitioner along with other accused 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 petitioner.

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.

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 INSPECTOR OF POLICE, THIRUTHANI POLICE STATION, THIRUVALLUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.19051/2020 Date :11/12/2020 TA-17/12/2020 https://hcservices.ecourts.gov.in/hcservices/