Manoharan v. The State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR 1.Manoharan
2. Sasi Priya ... Petitioners Vs.
The State represented by, The Inspector of Police, Periyanaicken Palayam Police Station, Coimbatore.
(Crime No. 268 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioners on bail in Crime No.268 of 2025 pending investigation on the file of the respondent police. For Petitioners : Mr.C.Santhoshkumar For Respondent : M/s.V.J.Priyadarsana Government Advocate (Crl.Side) 1/6
O R D E R
The petitioners, apprehends arrest for the alleged offences under Sections of BNS, 2023 and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.268 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners along with other accused were involved in illegal transportation of 10 units of jalli stones. Hence, the case.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He would submit that the petitioners , without prejudice to their rights, are ready to deposit a sum of Rs.50,000/- to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. Learned Government Advocate for the respondent submitted that 2/6
the petitioners along with other accused were involved in illegal transportation of 10 units of jalli stones and thereby, he opposed for grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions of the learned counsel on either side and also taking into account the undertaking given by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to 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 (15) days from the date of receipt of a copy of this order, before the Judicial Magistrate No.V, Coimbatore on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with 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 3/6
Magistrate concerned and on further condition that: [a] 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;
[b] the petitioners are directed to deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) jointly as nonrefundable deposit either through RTGS/NEFT/cash/demand draft in favour of the Dean, Rajiv Gandhi Government General Hospital, Chennai, bearing A/c. No.10273425961, State Bank of India, Park Town (Chennai), 68, Evening Bazaar Road, Chennai, IFSC:SBIN0001856, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/receipt, shall accept the sureties furnished by the petitioners; [c] the first petitioner shall report before the concerned Judicial Magistrate daily at 10.30 a.m on every Monday to Friday and appear before the respondent police at 10.30 a.m on every Saturday and Sunday until further orders and the second petitioner shall report before the respondent police as and when required for interrogation;
[d] the petitioners shall not abscond either during investigation or trial;
[e] the petitioners shall not tamper with evidence or witness either during investigation or trial; 4/6
[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 absconds, a fresh FIR can be registered under Section 269 B.N.S.
21.05.2025 Sma Note:-
1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
N.SENTHILKUMAR ,J.
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Sma To 1.The Judicial Magistrate No.V, Coimbatore.
2. The Inspector of Police, Periyanaicken Palayam Police Station, Coimbatore.
3.The Public Prosecutor, High Court of Madras.
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