The Madras High Court dismissed the petitioner's Criminal Original Petition filed under Section 438 CrPC. Relying on a prior batch order regarding environmental crimes, the Court held the petitioner was misusing the provision to continue offences affecting ecology and denied anticipatory bail.
Petition for anticipatory bail under Section 438 CrPC was dismissed.
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THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 07.12.2020
CORAM
THE HON'BLE Mr.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.18504 of 2020
Ramar
... Petitioner
Vs.
State represented by The Inspector of Police, Konganapuram Police Station, Salem District. (Cr.No.159 of 2020) ... Respondent
Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C. seeking to enlarge the petitioner on bail in the event of his arrest in Crime No.159 of 2020 pending investigation on the file of the respondent police.
For Petitioner : M/s.U.Sowmiyanisha For Respondent : Mr.M.Mohamed Riyaz. Additional Public Prosecutor O R D E R (The case has been heard through video conference)
The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 379 of IPC and Section 3 (1) of Prevention of Damage to Public Property Act, 1984, in Crime No.159 of 2020 on the file of the respondent police, seeks anticipatory bail.
4.The learned Additional Public Prosecutor submitted that the petitioner without permission from the Government, had dug the land and taken sand and thereby degraded the environment and caused damages to the ecology. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.
-sd/-
07/12/2020 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, EDAPPADI
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 INSPECTOR OF POLICE, KONGANAPURAM POLICE STATION, SALEM DISTRICT.
CC to M/S.U.SOWMIYANISHA Advocate on payment of necessary charges
CRL OP.18504/2020 Date :07/12/2020 RVR 11/12/2020
1 issue framed by the court
Whether anticipatory bail can be granted given the petitioner's history of misuse and the offences affecting the environment.
Colour shows how this judgement treated each authority
Batch dated 03.09.2020Relied on¶17
Crl.O.P.No.13334 of 2020
4 provisions across 4 enactments
Ramar
State represented by The Inspector of Police, Konganapuram Police Station, Salem District
A.D. Jagadish Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
