Govindharaj @ Govindarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11066 of 2022

1. Govindharaj @ Govindarajan

2. Vignesh ... Petitioners/Accused No.4 & 5 Vs State rep.by The Inspector of Police, Kallaperambur Police Station, Thanjavur District.

(Crime No.97/2022).

... Respondent/Complainant For Petitioners : M/s.Karunakaran K M, Advocate. For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.97/2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/Accused Nos.4 and 5, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 of IPC and r/w 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.97 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are said to have illegally transported 1/4 unit river sand, without any valid permission. Therefore, the present case came to be registered.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely

implicated in this case. However, to show their bona fide, the petitioners have come forward to pay a sum of Rs.5,000/- (Rupees Five Thousand only) jointly, to the credit of Cr.No.97 of 2022 before the trial Court concerned.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioners are said to have illegally transported 1/4 unit of river sand, without any valid permission. He further submitted that no previous case is pending against the petitioners herein.

5. Considering the nature of the mineral involved, the antecedents of the petitioners and their willingness to pay a sum of Rs.5,000/- (Rupees Five Thousand only) jointly, to the credit of Crime Number, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only)jointly, to the credit of Cr.No.97 of 2022 before the trial Court concerned, without prejudice to their rights and contentions before the trial Court.

7. On such deposit being made, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.2, Thanjavur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned. The petitioners shall appear before the respondent police once in a month i.e., on first Monday of every English Calender Month at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

Sd/- 22/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, KALLAPERAMBUR POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.KARUNAKARAN K M Advocate SR.No.5934

ORDER

IN CRL OP(MD) No.11066 of 2022 Date :22/06/2022 SP/SVR/SAR I/29/06/2022/3P/6C