E.P.Govindankutty v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.12.2020

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.20848 of 2020 E.P.Govindankutty ... Petitioner Vs.

State Represented by

...Respondent

The Inspector of Police, Vadakkipalayam Police Station, Coimbatore District.

(Crime No.596 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 by the respondent Police concerned in Crime No.596 of 2020 on the file of the Inspector of Police, Vadakkipalayam Police Station, Coimbatore District. For Petitioner : Mr.P.Kalimuthu For Respondent : Mr.M.Mohamed Muzammil Government Advocate (Crl.Side)

ORDER

(The case has been heard through video conference) The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 379 of IPC in Crime No.596 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

3. The Government Advocate (Crl. Side) would submit that the petitioner without obtaining any permission from the Government had illegally transported 6 unit of stones (gravel stones), thereby degraded the environment and caused damages to the ecology. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) for the respondent police.

5. It is seen that the petitioner has involved in depleting the natural resources of the country by illegal means. Inspite of several actions taken by the Police, these kind of offences have been committed repeatedly again and again. The possibility of the petitioner and the like minded persons released on bail committing the same kind of offence again and again cannot be ruled out. This court is of 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. These cases come within the category of cases of large magnitude affecting and impacting livelihood of a very large number of people knowingly and unknowingly.

6.This Court finds that the discretionary power has been consciously and continuously misused by the offenders in an organised manner and this Court is of the firm opinion that the discretionary powers cannot be extended to persons indulging in illegal sand mining, smuggling and theft of sand and minerals.

7. In view of the order passed by this Court in Crl. OP No.13334 of 2020 etc. Batch, dated 03.09.2020, this Court is not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 30/12/2020 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 THE JUDICIAL MAGISTRATE NO.1, POLLACHI.

THE CHIEF JUDICIAL MAGISTRATE, COIMBATORE. [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, VADAKKIPALAYAM POLICE STATION, COIMBATORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.KALIMUTHU Advocate on payment of necessary charges CRL OP.20848/2020 Date :30/12/2020 TA-01/02/2021