Balamurugan v. The Inspector Of Police

CRL OP(MD)No.7180 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.7180 of 2021 1.Balamurugan 2.Sakthivel 3.Sathiyaraj ... Petitioner/Accused No.1 to 3 Vs State rep by The Inspector of Police, S.P Pattinam Police Station, Ramanathapuram District.

(Crime No.204 of 2020) ... Respondent/Complainant For Petitioners : Chandra Pandi.V, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No 204/2020 on the file of the responent police ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC r/w Section 21(1) of the Mines and Minerals Development and Regulations Act in Crime No.204 of 2020, seek anticipatory bail. 2.The case of the prosecution is that on 26.10.2020, at about 09.30 pm., when the defacto complainant and other party were involved in search, they found the petitioner illegally transported half unit of river sand by using Bolero Pickup bearing registration No.TN 55 AW 5208. The vehicle and sand were seized. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

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CRL OP(MD)No.7180 of 2021 4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the offence involved in this case is against the natural resources and investigation is not completed. 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/- 16/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 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 INSPECTOR OF POLICE, S.P PATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.7180 of 2021 Date :16/06/2021 KM:RSK:SAR1(22.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2