Palanisamy v. The State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HON'BLE Mrs. JUSTICE K.GOVINDARAJAN THILAKAVADI 1.Palanisamy

2. Selvarani

3. Sekar

4. Nagaraj ... petitioners/A2 to A5 Vs.

State, Rep. by Inspector of Police Mangalam Police Station, Tiruppur City, Tiruppur District.

(Crime No.208 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioners on bail in the event of arrest Crime No.208 of 2025, on the file of the respondent Police.

For petitioners : Mr.S.Panneer Selvam For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor (Crl.Side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS Act, 2023 r/w 21(1) of Mines and Minerals(Development & Regulation) Act, 1957, in Crime No.208 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioners had illegally 1/6

transported minerals through two tractors from the stone quarry for which license had already expired. Hence, the case. 3.Learned counsel appearing for the petitioners would submit that the petitioners are an innocent persons and they have been falsely implicated in this case and that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court, and prayed for anticipatory bail to the petitioners.

4.Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that the A3 and A4 are the drivers of the tractors A3 and A4 are illegally extracting minerals from the quarry. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. At this juncture, the learned counsel for the petitioners submitted that the petitioners, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.10,000/- as non-refundable deposit to any welfare scheme of the Government or any other organization.

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6. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.

7. Considering the nature of allegations; the petitioners are willing to deposit an amount of Rs.10,000/- as non-refundable deposit to any welfare scheme and since custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

8. Accordingly, the petitioners are directed to make a nonrefundable deposit of Rs.10,000/- [Rupees Ten Thousand Only] directly to the credit of Tamil Nadu Advocate's Clerk's Association', Account Name:Tamil Nadu Advocate's Clerk's Association, Account No.484026006, Branch:Indian Bank, High Court, IFSC NO.IDIB000M157, without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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 copy of this order, before the learned Judicial Magistrate No.IV, Tiruppur, on condition that the petitioners shall execute a bond for 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 said Magistrate, on further conditions that:

[a]the petitioners and the sureties shall 3/6

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 shall report before the respondent police for a period of two months and thereafter as and when required for interrogation.

[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 4/6

fresh FIR can be registered under Section 269 of B.N.S.

28.05.2025 gv To 1.The Judicial Magistrate No.IV, Tiruppur 2.The Inspector of Police Mangalam Police Station, Tiruppur City, Tiruppur District.

3.The Public Prosecutor, High Court of Madras.

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K.GOVINDARAJAN THILAKAVADI.,J gv 28.05.2025 6/6