Madras High CourtCRL OP(MD)/6243/2024dismissed

Gajendran (Gaja) v. The Inspector Of Police

2024-04-23Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Gajendran ... Petitioner/Accused No.3

Versus

State Rep. by Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

(in crime No. 84 of 2024) ... Respondent/Complainant For Petitioner : Mr.P.Krishnasamy, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.84 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.84 of 2024 for the offence under Section 379 IPC r/w. Section 21(1) of Mines and 1/3

Minerals (Development & Regulation) Act, 1957 and remanded him into judicial custody on 11.03.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that the petitioner along with other accused has illegally transported 62 bags of river sand in two-wheelers.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, the petitioner is languishing in jail from 11.03.2024.

4. The learned Additional Public Prosecutor opposes for grant of bail on the ground that the petitioner is having 13 previous cases of similar in nature. He further submits that this is the second bail application and considering the antecedent of the petitioner, the first bail application was dismissed by this Court by order dated 04.04.2024 in Crl.O.P.(MD)No.5281 of 2024.

5. Considering the nature of offence, the quantity of minerals and also considering the antecedent of the petitioner and since there is no change in circumstances, this Court is not inclined to grant bail to the petitioner. 2/3

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 23/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO THE INSPECTOR OF POLICE THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

THE OFFICER INCHARGE SUB JAIL, THANJAVUR.

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

ORDER

IN CRL OP(MD) No.6243 of 2024 Date :23/04/2024 PKP/GS/SAR /26.04.2024/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3