Madras High CourtCRL OP(MD)/8214/2024dismissed

Govindaraj v. The Inspector Of Police

2024-06-19Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Govindaraj,

2. Rajendran, ... Petitioners/Accused 3 & 4 Vs The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

Crime No.250/2024.

... Respondent/Complainant For Petitioner : Mr.K.M.KARUNAKARAN, Advocate.

For Respondent : Mr.T.SENTHIL KUMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.250/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for 1/3

the alleged offence punishable under Section 379 of IPC r/w 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.250 of 2024 on the file of the respondent police, seek anticipatory bail. 2.The allegation against the petitioners is that they were in possession of 40 units of river sand.

3.The learned Additional Public Prosecutor has raised serious objections and submits that apart from this case, the petitioners are also involved in Crime Nos.251, 253 and 254 of 2024.

4.The learned counsel appearing for the petitioner submits that all these cases are foisted against the petitioners on the political motive and those cases were registered on the same day. He further submits that the sand has been carried by them with a valid permit, which is said to have been issued in the year 2024. 5.This Court considered the rival submissions made on either side and perused the material records of the case.

6.Though the petitioners claim that they have a valid permit, they have not placed any material before this Court. In fact, those cases were registered on the same day based on the complaint of the two Village Administrative Officers, that apart, when the police attempted to arrest the petitioners, they prevented the respondent police with the help of the villagers, for which, another case was registered. 2/3

7.Considering the nature of offence and the quantity involved in this case, this Court is not inclined to grant anticipatory bail to the petitioners. 8.Accordingly, this Criminal Original Petition is dismissed. sd/- 19/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE, PANDHANALLUR POLICE STATION, THANJAVUR DISTRICT.

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

ORDER IN CRL OP(MD) No.8214 of 2024 Date :19/06/2024 SA/JGB/SAR. /03.07.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3