Rajkumar v. State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Rajkumar Petitioner(s) Vs The State Rep By its, The Inspector of Police, Jalakandapuram Police Station, Salem District.
Crime No.102 of 2025 Respondent(s) PRAYER This petition is filed to enlarge the petitioner on bail in the event of arrest a case in crime No.102 of 2025 on the file of the Respondent. For Petitioner(s):
Mr.C.Deepak kumar For Respondent(s):
Mr.R.Vinoth Raja GA (Crl. Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 and 303(2), 62 of BNS, 2023 in Crime No.102 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and other accused unlawfully quarried and cut stones from a patta land (Survey No.43/2N2) and government porambokku land (Survey No.43/3) without authorization. The accused allegedly used Tractor bearing Reg.No.TN 16 B 4187 to transport the stones. The case was registered based on a complaint by the Zonal Tahsildar, Omalur Taluk, Salem District. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. Petitioner is ready to abide any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, the learned counsel
prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the contraband and the Tractor was seized from the accused and opposed for grant of anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent police and perused the materials available on record.
6. Considering the submissions made by the learned counsel appearing on either sides, the contraband was seized from the accused and since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-2, Mettur on condition that of the petitioner shall execute a 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 Magistrate concerned, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks; [d] The petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) (Non refundable) towards the account of CANCER INSTITUE (WIA), Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute (WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Acccount No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.
[h] the petitioner shall not abscond either during investigation or trial;
[i] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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];
[j] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
12-06-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Inspector of Police, Jalakandapuram Police Station, Salem District.
2. The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
jai CRL OP No. 16477 of 12-06-2025