M.Natarajan v. The State Rep By Its
IN THE HIGH COUR OF JUDICATURE AT MADRAS
DATED : 12.12.2024 CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA M.Natarajan ... Petitioner
Versus
The State, Represented by The Inspector of Police Perur Police Station Coimbatore (Crime No. 357 of 2024)
...Respondent
Prayer : Criminal Original Petition filed Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2024, praying to enlarge the petitioner on bail in the event of his arrest by the respondent in Crime No. 357 of 2024 on the file of the respondent police. For Petitioner :
Mr.K.Vasantha Nayagan For Respondent :
Mr.S.Santhosh Government Advocate (Criminal Side) ---- Page No.1 of 6
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS, Act, 2023, and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No. 357 of 2024, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioner runs SPS Chamber Bricks under the lease agreement at Madhampatti Village, Karadimadai Road after sealing the factory illegally. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that no previous case against him. Therefore, he prays for grant of anticipatory bail to the petitioner. Page No.2 of 6
4.The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that the petitioner runs SPS Chamber Bricks under the lease agreement at Madhampatti Village, Karadimadai Road after sealing the factory illegally. He would further submit that the petitioner has no previous case pending against him. However, he vehemently opposed for grant of anticipatory bail to the petitioner.
5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he 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 of receipt of a copy of this order, before the learned Judicial Magistrate-I, Coimbatore, on condition that 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 Page No.3 of 6
satisfaction of the said Magistrate, 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 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;
[c] the petitioner shall report before the respondent Police everyday at 10.30 a.m until further orders; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;
[f] 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 Page No.4 of 6
by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
12.12.2024 MSM Page No.5 of 6
A.D.JAGADISH CHANDIRA, J.
MSM 12.12.2024 Page No.6 of 6