Madras High CourtCRL OP/19683/2021dismissed

Sakthi v. The State Rep.By

2021-10-22Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Second day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19683 of 2021 SAKTHI [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, GUDIYATHAM TALUK POLICE STATION, VELLORE DISTRICT.

CR.NO.335 OF 2021.

For Petitioner : M/S. D.BALAJI 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 for the alleged offence under Section 379, 430 of IPC r/w 21(1) Mines & Minerals (Development and Regulation)Act 1957 in Crime No.335 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was involved in illegal transportation of one unit of river sand by using tractor. 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. 4.The learned Government Advocate (Crl.Side) submitted that the petitioner has illegally transported one unit of river sand by using tractor and there are two previous cases of similar nature pending against the petitioner. Hence he opposed to grant anticipatory bail to the petitioner.

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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/- 22/10/2021 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 INSPECTOR OF POLICE, GUDIYATHAM TALUK POLICE STATION, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S. D.BALAJI Advocate on payment of necessary charges CRL OP.19683/2021 Date :22/10/2021 INBA-29/10/2021 https://hcservices.ecourts.gov.in/hcservices/