Madras High CourtCRL OP/19827/2021dismissed

Kumaran@Selvam v. The State Rep.By

2021-10-26Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19827 of 2021 KUMARAN @ SELVAM [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUKANUR POLICE STATION, PONDICHERY.

CRIME NO.124 OF 2021 For Petitioner : M/S. THANGAVADHANA BALAKRISHNA 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 offence punishable under Section 379 of I.P.C and Section 3 of the Prevention of Damage to Public Property Act, 1984 in Crime No.124 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 river sand using a Bolero vehicle bearing Regn. No. PY-02-M-7357 which resulted in the registration of FIR.

3. The learned counsel appearing for the petitioner submits 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.

4. The learned Government Advocate (Crl. Side) submits that the petitioner had illegally transported river sand using a Bolero vehicle bearing Regn. No. PY-02-M-7357 without any valid permit and that there are four previous cases against the petitioner.

5. This Court on the earlier occasion in Crl.O.P.No.15249 of 2020 by order dated 28.09.2020, following the orders passed by this Court in a batch of applications in Crl.O.P.No.13334 of 2020 dated 03.09.2020 had dismissed the earlier application expressing the opinion that the offenders despite several orders passed by various Benches of this Court regarding illegal sand mining and knowing fully well about the evil consequences affecting the environment and society at large and the implications thereon are indulging in the offences of illegal quarrying/mining, theft and smuggling of sand and minerals and that finding that the case comes under the category of cases of large magnitude affecting and impacting livelihood of a very large number of people knowingly and unknowingly, had dismissed the earlier application.

Subsequently, the order of this Court in Crl.O.P.No.13334 of 2020 etc. Batch, dated 03.09.2020 was clarified by the Hon'ble Supreme Court and the Hon'ble Supreme Court had not agreed with the broad sweep of the observation made by this Court in Paragraph 27 of the order in Crl.O.P.No.13334 of 2020 and connected matters decided on 03.09.2020 and had directed that the Court should take into consideration the role assigned to the person on case to case basis.

6. A perusal of the materials reveal that the petitioner was apprehended with river sand, which was being transported in a Bolero vehicle bearing Regn. No. PY-02-M-7357 without any permit. That being the case, the illegal lifting and transportation of sand has been deprecated by this court in various decisions, keeping in mind the need for maintaining the ecological balance and the conservation of water table in the locality, as held by the Hon'ble Supreme Court and, therefore, giving any leniency to the petitioner by granting anticipatory bail would only lead to the petitioner perpetrating the offence once again and, therefore, in the fitness of things, this court is not inclined to accede to the prayer as sought for by the petitioner. Accordingly, the anticipatory bail sought for cannot be granted and this petition is dismissed.

-sd/- 26/10/2021 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, THIRUKANUR POLICE STATION, PONDICHERY.

2 THE PUBLIC PROSECUTOR PUDUCHERRY.

CC to M/S. THANGAVADHANA BALAKRISHNA Advocate on payment of necessary charges CRL OP.19827/2021 Date :26/10/2021 JPA 17/11/2021