Madras High CourtCRL OP/23948/2021dismissed

K.Jeganathan v. State Rep By

2021-12-10Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Tenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.23948 of 2021 K.JEGANATHAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MAHENDRA MANGALAM POLICE STATION, DHARMAPURI DISTRICT.

(CR.NO.18/2021) For Petitioner : M/S. C.D.SUGUMAR Advocate For Respondent : MR. S.BALAJI, 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 of IPC read with Section 21(1) and 21(4) of Mines and Minerals(Development &Regulation) Act, 1957 in Crime No.18 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 1/2 unit of river sand by using Tractor without obtaining any proper license. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

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4.The learned Government Advocate would submit that this is the second bail application of the petitioner and this Court has already dismissed the earlier bail application of the petitioner. The petitioner has illegally transported 1/2 unit of river sand by using tractor. Hence, he vehemently opposed for grant of 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 in this case.

6.Accordingly, this criminal original petition is dismissed. -sd/- 10/12/2021 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, MAHENDRA MANGALAM POLICE STATION, DHARMAPURI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.D.SUGUMAR Advocate on payment of necessary charges CRL OP.23948/2021 Date :10/12/2021 CSK 29/12/2021 https://hcservices.ecourts.gov.in/hcservices/