Raghu v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.24349 of 2021 RAGHU [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, ARANI TALUK POLICE STATION, TIRUVANNAMALAI DISTRICT.

CRIME NO.1044 OF 2021 For Petitioner : M/S. S.KANIMOZHI 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 apprehend arrest at the hands of the respondent police for the alleged offence under Sections 379 and 430 of I.P.C. read with Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Cr.No.1044 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 in TATA Ace van.

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.

4.The learned Government Advocate (Crl. Side) submitted 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 further submitted that earlier, the petitioner approached this Court by filing Crl.O.P.No.20443 of 2021 and this Court has dismissed the said petition. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.

5.This Court is of the opinion that the offenders, despite several orders being passed by various Benches of this Court regarding illegal sand mining and quarrying knowing fully well about the evil consequences affecting the environment and society at large and the implications thereon, are indulging in the offences of illegal quarrying/ mining, theft and smuggling of sand and minerals. These cases come within the category of cases of large magnitude affecting and impacting livelihood of a very large number of people knowingly and unknowingly.

6.This Court finds that the discretionary power has been consciously and continuously misused by the offenders in an organised manner and this Court is of the firm opinion that the discretionary powers cannot be extended to persons indulging in illegal sand mining, smuggling and theft of sand and minerals. 7.Further, that there is no change in circumstances subsequent to the order passed in Crl.O.P.No.20443 of 2021. Hence, this Court is not inclined to grant anticipatory bail to the petitioner. 8.This criminal original petition is accordingly dismissed. -sd/- 15/12/2021 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 SUB INSPECTOR OF POLICE, ARANI TALUK POLICE STATION, TIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. S.KANIMOZHI Advocate on payment of necessary charges SR.NO.14995 CRL OP.24349/2021 Date :15/12/2021 RW 23/12/2021