Sivarasu v. State Represented By Its Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Sivarasu 2.Senthilkumar 3.Arumugam 4.Arulkannan 5.Boominathan 6.Kannan 7.Pazhanivel 8.Vigneshkumar 9.Dharmaraj 10.Dineshkumar 11.Sankaran 12.Gopalakrishnan 13.Vigneshwaran ... Petitioners Vs.

The State Rep. by, The Inspector of Police, Keelaiyur Police Station, Nagapattinam.

Crime No.198 of 2025.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant an anticipatory bail to the petitioners in the event of their arrest in Crime No.198 of 2025 on the file of respondent Police. 1/5

For Petitioners :

Mr.K.Siva For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The villagers have protested mining gravel sand in their village who are the petitioners/accused in Crime No.198 of 2025 on the complaint given by Tahsildar for the alleged offence punishable under Sections 189(2), 191(2), 126(2), 131, 132, 351(2) & 354(4) of BNS, r/w Section 67 of the Information Technology Act.

2. Heard both sides and perused the materials available on record.

3. Considering the nature of the complaint and the protest by the villagers resisting mining sand from the lake, this Court is inclined to grant anticipatory bail to the petitioners subject to certain conditions. As far as the 11th petitioner is concerned, the name was not found in the FIR, hence the anticipatory bail petition stands dismissed.

5. Accordingly, the petitioners 1 to 10, 12 and 13 are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days 2/5

from the date of receipt of a copy of this order before the learned District Munsif cum Judicial Magistrate, Kilvelur, Nagapattinam District, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioners 1 to 10, 12 and 13 fails to surrender before the said Magistrate within a period of ten days from the date of receipt of a copy of this order, this Order shall stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [c] the petitioners 1 to 10, 12 and 13 shall report before the respondent police as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble 3/5

Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

04.09.2025 drl To 1.The District Munsif cum Judicial Magistrate, Kilvelur, Nagapattinam District, 2.The Inspector of Police, Keelaiyur Police Station, Nagapattinam.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

drl 04.09.2025 5/5