The Madras High Court had observed that the cases related to natural resources was matter of great concern and this Court will make serious view of it to prevent it.
“The offence is under Section 379 and 430 IPC r/w Section 21(5) of Mines and Minerals Act, 1957, this Court, time and again had passed stringent order that the cases under Mines and Minerals Act have to be viewed seriously and this Court shall prevent the exploitation of natural resources.”
The above observation was made by the Single-judge bench of Madras High Court, comprising of the Justice P. Velmurugan while dealing with the Criminal Original Petition filed under Section 438 Cr.P.C, to enlarge the petitioner on bail in the event of his arrest in Crime No.25 of 2021 pending investigation on the file of the respondent police.
Factual Background
The Petitioner was a transport owner who allegedly transported illegally half unit of sand which was confiscated by the police. The vehicle was also seized by the police. The Petitioner was absconded by the place by leaving the vehicle. Therefore this application was presented before the Court for anticipatory bail.
Court Reasoning & Judgment
The Court perused all the facts and the final charge sheet was still left to be submitted because of which the Court dismissed the bail plea and held that:
“considering the nature of offence, the investigation is still pending, the charge sheet has not yet been filed and there is every possibility of committing similar offence and this Court already dismissed the petition on 01.02.2021. There is no change of circumstances and hence, this Court is not inclined to grant anticipatory bail."
The Bench dismissed the petition and the respondent police was directed to secure the petitioner.
Case Details
Case: Crl.OP.No.4026 of 2021
Petitioner: Subash
Respondent: State of Madras
Counsels for the Petitioner: Mr.A.Saranra
Counsels for the Respondents: Mr.K.Madhan
Quorum: Justice P. Velmurugan
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