Mahendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16691 of 2018 1 MAHENDRAN 2 THIRUNAVUKKARASU ... PETITIONERS / ACCUSED NO. 2,3 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE THIRUPACHETHI POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO. 127 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.R.KARUNANIDHI Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 353, 379 and 307 of I.P.C and Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 and Section 21(1) Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.127 of 2018, on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant and her team of officials headed with Tahsildar Balakrishnan with other officials were in raid at Kothankulam Kanmai area. In the meantime four persons were taking sand and filing in a lorry bearing registration No.TN-48, K-5496 and after seeing officials the four persons got into the lorry and started the lorry. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and a false case has been foisted against them. Hence, he prays for anticipatory bail to the petitioners.

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4. The learned Additional Public Prosecutor appearing for the

respondent would submit that two previous cases are pending against the second accused and three previous cases are pending against the third accused. The case of the allegations are very serious. The petitioners are trying to kill the Tahsildar and intercepted.

5. Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed. sd/- 18/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE THIRUPACHETHI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.R.KARUNANIDHI Advocate SR.No.17816 PS/PN/SAR-1:28/09/2018;2P/4C

ORDER

IN CRL OP(MD) No.16691 of 2018 Date :18/09/2018 https://hcservices.ecourts.gov.in/hcservices/