Madras High CourtCRL OP/20942/2021dismissed

S.Rathinakumar v. State Rep By

2021-11-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20942 of 2021 S.RATHINAKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ACHARAPAKKAM POLICE STATION, CHENGALPET DISTRICT.

Crime No.370 of 2021 For Petitioner : M/S. L. UTHAYAKUMAR Advocate For Respondent : S.SUGENDRAN, 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 at the hands of the respondent police for the offence punishable under Sections 430 and 379 of IPC r/w 21(1) of Mines and Minerals (Development & Regulation) Act, in Crime No.370 of 2021 on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that the petitioner had transported 3 units of river sand illegally in his tractor without obtaining proper license. Hence, the complaint.

3. The learned Counsel appearing for the petitioner submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) submitted that earlier this Court dismissed the anticipatory bail petition in Crl.O.P.No.14619 of 2021 dated 31.08.2021. However, he vehemently opposed for grant of Anticipatory bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, the petitioners has involved in illegal mining of river sand thus deteriorating ecology and there is no change of circumstances in this case, this court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 09/11/2021 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, ACHARAPAKKAM POLICE STATION, CHENGALPET DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. L. UTHAYAKUMAR Advocate on payment of necessary charges CRL OP.20942/2021 Date :09/11/2021 APN 18/11/2021 https://hcservices.ecourts.gov.in/hcservices/