N.Manoj Kumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
1. N. Manoj Kumar
2. V.Ajithkumar Petitioner(s) Vs State Rep By Inspector of Police Thevoor Police Station, Salem District. Crime No. 18 of 2025.
Respondent(s) For Petitioner(s):
Saravanan A K.Tirunavukkarasu R.Madhubala For Respondent(s):
S.Santhosh Government Advocate (criminal Side), Madras High Court.
Page No.1 of 5
O R D E R
Apprehending arrest in connection with Crime No.18 of 2025 registered for the offences punishable under Section 303 (1) of BNS, 2023 and 24 (1) Mines & Minerals (Development & Regulation) Act, 1957, the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seek indulgence of this Court. Learned counsel for the petitioners would submit that the petitioners are innocent and that a case of sand theft has been fabricated against them. He also submits that without prejudice to the defence and contention, they are ready and willing to deposit a sum of Rs.10,000/- each as nonrefundable deposit to any welfare scheme of the Government or any organization. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. 3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for Page No.2 of 5
grant of anticipatory bail, is that the quantity of gravel sand involved is four unit.
4.Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Five Thousand only) each to the District Legal Services Authority, Sankari, without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.
5.Further, having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, they 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Sankari 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 Page No.3 of 5
the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioners shall report before the respondent Police daily at 10.30 a.m for a period of two weeks, thereafter every Saturday at 10.30 am until further orders; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners shall not abscond either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
30.01.2025 av Page No.4 of 5
A.D.JAGADISH CHANDIRA , J.
av 30.01.2025 Page No.5 of 5