Madras High CourtCRL OP/19718/2021dismissed

Sathiyasundaram v. The Inspector Of Police,

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.19718 of 2021 SATHIYASUNDARAM [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] PENNADAM POLICE STATION, CUDDALORE DISTRICT.

CRIME NO.868 OF 2020.

For Petitioner : M/S. K.KARUPPAIYA MOOPPANAR 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 and r/w 21(1) Mines & Minerals (Development and Regulation)Act 1957 in Crime No.868 of 2020 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 1/2 unit of river sand by using TATA ACE.

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 1/2 unit of river sand by using TATA ACE and there is no previous case pending against the petitioner. However, 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, PENNADAM POLICE STATION, CUDDALORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. K.KARUPPAIYA MOOPPANAR Advocate on payment of necessary charges CRL OP.19718/2021 Date :22/10/2021 JPA 29/10/2021 https://hcservices.ecourts.gov.in/hcservices/