Madras High CourtCRL OP/20909/2021dismissed

N.Perumal 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.20909 of 2021 N.PERUMAL [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ULUNDURPETTAI POLICE STATION, KALLAKURICHI, (CRIME NO. 389 OF 2021) For Petitioner : M/S. M. KARTHIK Advocate For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest for the alleged offence under Section 379 of IPC, in Crime No.389 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is alleged to have been involved in illegal transportation of 1 unit of river sand.

3. The learned counsel appearing for the petitioners 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) submitted that the the petitioner without obtaining any permission from the Government, had illegally dugged the land and transported sand, thereby degraded the environment and caused damages to the ecology and further submitted that there is no previous case as against the petitioner. The petitioner's first anticipatory bail petition was dismissed in Crl.O.P.No.13346 of 2021 dated 02.08.2021 and that the second anticipatory bail petition was dismissed in Crl.O.P.No.14920 of 2021 dated 23.08.2021. However, he vehemently opposed for grant of Anticipatory bail to the petitioners.

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5. Considering the facts and circumstances of the case, the petitioners has involved in illegal mining of river sand thus deteriorating ecology, 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, ULUNDURPETTAI POLICE STATION, KALLAKURICHI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M. KARTHIK Advocate on payment of necessary charges CRL OP.20909/2021 Date :09/11/2021 RVR 18/11/2021 https://hcservices.ecourts.gov.in/hcservices/