Murugan v. State Rep, By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Murugan S/o. Paulraj, No. 2/277-1, Periyavilai, Kottaram, Kanniyakumari -629703 Petitioner(s) Vs State rep, by The Inspector of police, Vaazhapadi Police Station, Salem District. (Crime No.275 of 2025) Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS to enlarge the petitioner on Anticipatory bail in the event of the arrest in Crime No. 275 of 2025 on the file of the respondent police . For Petitioner(s):

M/s.Komala K For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 21(4) of Mines and Minerals (Development and Regulation) Act, in Crime No.275 of 2025 on the file of respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 17.07.2025, the petitioner had cut granites and minerals stone from a Government Wasteland by using a TATA Hitachi and compressor attached with Tractor. Hence, this case.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent objected for the grant of anticipatory bail to the petitioner stating that the petitioner attempted to take granite stones from a Government Wasteland. However, he submitted that there is no previous case against the petitioner.

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

6. 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, Vaazhapadi on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, out of which one surety shall be a blood relative of the petitioner, 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 petitioner 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 petitioner shall report before the respondent police everyday at 10.30 a.m. for the period of eight weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 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]. [f] If the petitioner 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 Internet:Yes

To

1. The Judicial Magistrate Vaazhapadi

2. The Inspector of police, Vaazhapadi Police Station, Salem District.

3. The Public Prosecutor High Court of Madras, Chennai

T.V.THAMILSELVI J.

ksa-2 11-09-2025