Thamizhkumaran v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN 1.Thamizhkumaran 2.Sivakandan 3.Manikkam
...Petitioners/Accused 1,4&5
Vs.
State through The Inspector of Police, Panruti Police Station, Cuddalore District.
(Crime No.49 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 482 of BNSS, to enlarge the petitioners on anticipatory bail in the event of his arrest in connection with Crime No.49 of 2025 pending on the file of the respondent police.
For Petitioners : Mr.Gandhi Kumar Kalyanasundaram For Respondent : Mr.S.Balaji Government Advocate (Crl.Side) Page No.1 of 6
ORDER
The petitioners / Accused 1, 4 & 5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of B.N.S. read with Section 21(1) of Mines and Minerals Act in connection with the case in Crime No.49 of 2025, seek anticipatory bail.
2. The case of the prosecution is that when the respondent and their officials conducted vehicle checkup, they intercepted a Tractor and found the petitioners in illegal possession of 1 unit of savudu sand and that on their confession, they went to the place of occurrence and seized JCB vehicles which were digging sand. Hence, the case.
3. Learned counsel for the petitioners would contend that the material objects have been seized and that the custodial interrogation is not required in this case and that no previous case is pending against the petitioners and hence prayed to grant anticipatory bail to the petitioners. Page No.2 of 6
4.The learned Government Advocate (Criminal Side), per contra, would submit that the properties have been seized and that no previous is pending against the petitioners.
5. 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.
6. Considering the nature of allegations and the fact that no previous case is pending against the petitioners and that the contraband was seized and since the custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.
7. 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 of receipt of a copy of this order, before the Judicial Magistrate No.1, Panruti, on condition that each petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with Page No.3 of 6
two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [c] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial.
[f] 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].
[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
12.02.2025 ata Page No.4 of 6
To 1.The Judicial Magistrate No.1, Panruti.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Panruti Police Station, Cuddalore District. Page No.5 of 6
SUNDER MOHAN, J.
ata CRL O.P. No.3347 of 2025 12.02.2025 Page No.6 of 6