Mariyappan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.6219 of 2021

1. Mariyappan

2. Sagunthala

3. Chinnathayi ... Petitioners/Accused 1 to 3 Vs The Sub Inspector of Police, Aravakurichi Police Station, Karur District. ... Respondent/Complainant (Crime No.763 of 2020) For Petitioners : Mr.Gokulraj.S., Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in crime no.763 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC (Sand theft)and Section 21(1) of the Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.763 of 2020, seeks anticipatory bail.

2.The case of the prosecution is that on 28.11.2020, at about 01.45 p.m., when the respondent police were on routine rounds, the petitioner and other accused illegally transported 3⁄4 unit of river sand in three bullock carts totally. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate(Crl.Side) appearing for the respondent police strongly opposed this petition on the ground that the sand was seized on the spot and on seeing the search party headed by defacto complainant, the petitioner and other occupants escaped from the scene of crime.

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5.It is seen that illegal and indiscriminate sand mining has become a threat to the worldwide environment. It leads to changes in river channel form, physical habitats and food webs. It also increases the velocity of flow in river which destroy flow-regime eventually erodes the river banks. Removal of vegetation and destruction of the soil profile destroys habitat above and below the ground and faunal population decrease. Not only that, sand mining causes sinking of water tables in the nearby areas and as a result, ground water table drops leaving the drinking water wells on the embankments of these rivers dry.

6.This offence of illegal mining is not only an offence against any particular individual, but against the Society at large. It affects not only the present population, but the posterity as well. In this view of the matter, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 30/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE SUB INSPECTOR OF POLICE, ARAVAKURICHI POLICE STATION, KARUR DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.GOKUL RAJ, Advocate ( SR-3579[I] dated 30/04/2021 )

ORDER

IN CRL OP(MD) No.6219 of 2021 Date:30/04/2021 https://hcservices.ecourts.gov.in/hcservices/ VB MNR SAR I(20/05/2021) 2P / 4C