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Madras High CourtCRL OP(MD)/12120/2026granted

P Godwin v. State Of Tamilnadu Rep By Inspector Of Police, Kottar

2026-06-24Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 12120 of 2026 1.P.Godwin 2.S.Dhanesh Sanker ... Petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Kottar Police Station, Kanniyakumari District.

(Crime No.199 of 2026)

...Respondents/Complainant

For Petitioners : Mr.P.T.Ramesh Raja Advocate.

For Respondent : Mr.N.Balasubramanian Counsel for the State of TN (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 199 of 2026 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 for the offences punishable under Sections 303(2) of BNS and Section 21(1) of 1/5

MMDR Act, in Crime No.199 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 02.06.2026 at about 08.30 a.m., the respondent police during the vehicle check up the petitioners are involved in illegal transportation of 1⁄2 unit of M Sand and 1⁄2 unit of crushed stone. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they were falsely implicated in this case and they are in no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. Hence, he prays to grant Anticipatory Bail to the petitioners.

4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. The petitioners are involved in illegal transportation of valuable minerals. The petitioners have no previous case. He vehemently opposed the grant of anticipatory bail to the petitioners. 5.Heard the learned counsel on either side and perused the records. 2/5

6. Considering the rival submissions on either side and the nature of offences charged against the petitioners, considering the quantity and nature of minerals involved in this case, there is no previous case against the petitioner, and also considering all the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Nagercoil, 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 and on further condition that:

[b] the petitioners shall report before the respondent police at 10.30 a.m., on every Saturday for a period of four weeks, thereafter as and when required for interrogation; [c] the petitioners shall not commit any offences of similar nature.

[d] the petitioners shall not abscond either during investigation 3/5

or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 24.06.2026 TM To 1.The Judicial Magistrate No.II, Nagercoil.

2.The Inspector of Police, Kottar Police Station, Kanniyakumari District.

(Crime No.199 of 2026) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 12120 of 2026 Date : 24.06.2026 5/5