A.Azhagappan @ Azhagu v. State Repby

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.23481 of 2021 A.AZHAGAPPAN @ AZHAGU [ PETITIONER / ACCUSED ] Vs STATE REPBY [ RESPONDENT ] THE INSPECTOR OF POLICE, MANGALAM POLICE STATION, PUDUCHERRY DISTRICT CRIME NO.117 of 2021 For Petitioner : M/S. C.D .JOHNSON Advocate For Respondent : MR.V.BALAMURUGANE, Additional Public Prosecutor For Puducherry 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 offence punishable under Sections 379 of IPC and Section 3(1) of Prevention of Damage to Public Property Act, 1984 in Crime No.117 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 sand by using tractor. Hence, the law enforcing agency registered a case against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and prayed for grant of anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. side) submitted that the petitioner had illegally transported one unit of river sand by using tractor. Therefore, he opposed to grant anticipatory bail to the petitioner.

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.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/12/2021 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 THE INSPECTOR OF POLICE, MANGALAM POLICE STATION, PUDUCHERRY DISTRICT 2 THE PUBLIC PROSECUTOR PUDUCHERRY.

CC to M/S. C.D .JOHNSON Advocate on payment of necessary charges CRL OP.23481/2021 Date :08/12/2021 JPA 21/12/2021 https://hcservices.ecourts.gov.in/hcservices/