Madras High CourtCRL OP/23095/2021dismissed

Thirukumaran v. State Rep By

2021-12-02Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Second day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.23095 of 2021 THIRUKUMARAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] SUB INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, TIRUVANNAMALAI DISTRICT (CRIME NO.601/2021) For Petitioner : M/S. A.SATHISHKUMAR Advocate For Respondent : Mr.S.BALAJI, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 379 and 430 of IPC read with Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.601 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 one unit of river by using TATA pick up vehicle.

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. 4.The learned Government Advocate submitted that this is the third bail application of the petitioner and in view of the gravity of the office, 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 and there is no change of circumstances in this case.

6.Accordingly, this criminal original petition is dismissed. -sd/- 02/12/2021 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 SUB INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, TIRUVANNAMALAI DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. A.SATHISHKUMAR Advocate on payment of necessary charges CRL OP.23095/2021 Date :02/12/2021 RVR 18/02/2022 https://hcservices.ecourts.gov.in/hcservices/