Karunakaran v. The 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.19241 of 2020 Karunakaran ... Petitioner Vs.

The State rep. by

...Respondent

The Inspector of Police Uthiyur Police Station Tiruppur Cr.No.915 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.915 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Pushpakaran 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 offence under Section 379 IPC in Crime No.915 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant/the Regional Deputy Tahsildar-II, Dharapuram is that on 11.10.2020, at about 6.15 a.m he along with Land Revenue Inspector, Sankarandampalayam, Village Administrative Officer while conducting raid they found that the petitioner who was driving the vehicle BLOERO Pick up bearing Registration No.TN 63 Q 9682 laden with river sand said to be taken from Upparau without any valid license and the quantity of sand involved is half unit. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and that 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 without any 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 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 ecogoloy.

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, UTHIYUR POLICE STATION, TIRUPPUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. S.PUSHPAKARAN Advocate on payment of necessary charges CRL OP.19241/2020 Date :11/12/2020 TA-21/12/2020 https://hcservices.ecourts.gov.in/hcservices/