Raja @ Marur Raja v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2025

CORAM

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN Raja @ Marur Raja ... Petitioner in Crl.OP.3846 of 2025 Arumugam ... Petitioner in Crl.OP.3849 of 2025 Vs.

State Rep. by The Station House Officer Gingee Police Station Villupuram.

(Crime No.41 of 2025) ... Respondent in both Crl. Ops.

COMMON PRAYER: Criminal Original Petitions filed under Section 483 of BNSS, to enlarge the petitioners on bail in Crime No.41 of 2025, on the file of the respondent Police.

For Petitioners : Mr.Shri Varshini.V (in both Crl. OPs.) For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) (in both Crl. OPs.) C O M M O N O R D E R These Criminal Original Petitions have been filed by the petitioners, who were arrested and remanded to judicial custody on 25.01.2025, seeking bail 1/4

in Crime No.41 of 2025 registered for the offence under Section 303(2), 326(a) of BNS (379, 430 of IPC) u/s.21(1) of Mines and Minerals (Development & Regulation) Act, 1957 and u/s.3(1) of TN Public Property (Prvnt. Of Damage & Loss) Act, 1992.

2.The case of the prosecution is that the petitioners were found to be illegally transported three unit of river sand without any permit. 3.Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case. The learned Government Advocate further submitted that there is a proposal pending against the petitioners to detain them under the Tamil Nadu Act 14 of 1982.

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5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record.

6.Considering the nature of allegations, period of incarceration undergone by the petitioners and the fact that there is a proposal pending against the petitioners to detain them under the Tamil Nadu Act 14 of 1982, this Court is not inclined to grant bail to the petitioners. Accordingly, these Criminal Original Petitions are dismissed.

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G.K. ILANTHIRAIYAN, J.

sai To 1.The Station House Officer Gingee Police Station Villupuram.

2.The Public Prosecutor, High Court of Madras.

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