Arumugam v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.26085 of 2021 ARUMUGAM [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE V.KALATHUR POLICE STATION, PERAMBALUR DISTRICT.

CRIME NO.176 OF 2021.

For Petitioner : M/S.RAHEEMUDDEEN 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 for the alleged offence under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.176 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.

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. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) submitted that this is the 2nd anticipatory bail application file by the petitioner and the petitioner along with other accused has illegally transported one unit of river sand by using tractor. He further submitted https://hcservices.ecourts.gov.in/hcservices/

that there is no previous case pending against the petitioner. However, 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 also since there is no change of circumstances pointed out by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is dismissed. -sd/- 04/01/2022 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 V.KALATHUR POLICE STATION, PERAMBALUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.RAHEEMUDDEEN Advocate on payment of necessary charges CRL OP.26085/2021 Date :04/01/2022 TA-10/01/2022 https://hcservices.ecourts.gov.in/hcservices/