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Madras High CourtCRL OP/21682/2025granted

Veeramuthu v. State Rep. By

2025-09-11Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Veeramuthu S/o.Poomalai, No. 17a, North Street, Erumanur, Cuddalore District.

2. Duraimurugan S/o.Pandurangan, No.243/164, Road Street, Kachiperumanatham Village, Paravalur, Cuddalore District.

3. Rajasekar S/o.Veerapan, No.918, Pattikuppam Street, Pathirakottai Post, Cuddalore District.

Petitioner(s) Vs State rep. by Inspector of Police, Mangalampet Police Station, Cuddalore District. Crime No.136/2025 Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS to enlarge the petitioners bail in the event of the arrest in connection with the Crime No.136 of 2025 on the file of respondent police. For Petitioner(s):

Mr.T. Balachandran For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS Act, 2023 read with Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.136 of 2025 on the file of respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 24.07.2025, the petitioners along with other accused illegally transported 3 units of Gravel Sand by using a Lorry. Hence, this case.

3. The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have falsely implicated in this case. However, on instruction he would further submit that without prejudice to their rights and contentions, the petitioners are prepared to deposit/pay some considerable amount as may be directed by this Court and he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police raised objections by reiterating the prosecution case.

However, he submitted that there is no previous case against the petitioners.

5. Considering the above facts and circumstances of the case and the fact that there is no previous case against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions:

6. 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 on which the order copy made ready, before the learned Judicial Magistrate No.II, Virudhachalam, Cuddalore District, on condition that the petitioners shall jointly deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non-refundable deposit to the credit of Registered Advocate Clerks Association, Cuddalore and the petitioners shall also execute separete 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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. [b] the petitioners shall report before the respondent police on every Saturday at 10.30 a.m. for the period of eight weeks 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

11-09-2025 ksa-2 Index:Yes/No Speaking/Non-speaking order

To 1.The Judicial Magistrate No.II, Virudhachalam, Cuddalore District

2. The Inspector of Police, Mangalampet Police Station, Cuddalore District.

3. The Public Prosecutor High Court of Madras, Chennai

T.V.THAMILSELVI J.

ksa-2 CRL OP No. 21682 of 11-09-2025