Madras High CourtCRL OP/18450/2021dismissed

Rathinakumar @ M.Hariharan v. The State Rep.By Its

2021-10-04Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18450 of 2021 RATHINAKUMAR @ M.HARIHARAN [ PETITIONER/ACCUSED ] Vs THE STATE REP.BY ITS [ RESPONDENT ] THE STATION HOUSE OFFICER, VILLIANUR POLICE STATION, PUDUCHERRY.

CRIME NO.288 OF 2021.

For Petitioner : M/S.KRISHNASAMY CHINNASAMY, Advocate For Respondent : MR.V.BALAMURUGANE, Additional Public Prosecutor for Puducherry.

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 379 of IPC, 1860 and Section 3(1) of Prevention of Damage to Public Property Act, 1984 in Crime No.288 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 with other accused persons were involved in illegal transportation of one unit of river sand by using TATA Mini Lorry. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate submitted that the petitioner along with other accused person have illegally transported one unit of river sand by using TATA Mini lorry. Hence, he 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.Accordingly, this criminal original petition is dismissed. -sd/- 04/10/2021 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 PUBLIC PROSECUTOR PUDUCHERRY.

2 THE STATION HOUSE OFFICER, VILLIANUR POLICE STATION, PUDUCHERRY.

CC to M/S.KRISHNASAMY CHINNASAMY, Advocate on payment of necessary charges CRL OP.18450/2021 Date :04/10/2021 RW 12/10/2021 https://hcservices.ecourts.gov.in/hcservices/