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Madras High CourtCRL OP/21980/2021dismissed

Raj @ Rajkumar v. State Rep By

2021-11-22Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Second day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.21980 of 2021 RAJ @ RAJKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, LATHERI POLICE STATION, LATHERI, VELLORE DISTRICT.

(CR.NO. 249 OF 2021) For Petitioner : M/S. G.VINODHKUMAR 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 petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 379, 430 of IPC r/w 21(1) of Mines and Minerals (R&D) Act, 1957, in Crime No.249 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was illegal transported 1 unit of river sand in his JCB, without any valid permit from the competent authority.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that A1 was arrested and released on bail. 4.The learned Government Advocate would submit that 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. He would further submit that there are 10 previous cases pending against the petitioner similar in nature. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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5. Considering the facts and circumstance and that there are more than 10 previous cases, this Court is not inclined to grant anticipatory bail to the petitioner. This criminal original petition is accordingly dismissed.

-sd/- 22/11/2021 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, LATHERI POLICE STATION, LATHERI, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. G.VINODHKUMAR Advocate on payment of necessary charges CRL OP.21980/2021 Date :22/11/2021 CSK 30/11/2021 https://hcservices.ecourts.gov.in/hcservices/