E.Thamizhmani v. State Rep By, The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR E.Thamizhmani Petitioner(s) Vs State Rep By, The Station House Officer, Kammapuram Police Station, Cuddalore District. Crime No.117/2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to grant anticipatory bail to the petitioner in the event of her arrest in Crime No. 117 of 2025, pending investigation on the file of the S.H.O. Kammapuram Police Station, Cuddalore District. For Petitioner(s):

Mrs.PREMALATHA For Respondent(s):

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

ORDER

This petition for anticipatory bail has been filed by the petitioner in connection with Crime No.117 of 2025 registered by the respondent police for the alleged offence under Sections 303(2) of BNS, read with Section 21(1) of the Mines and Minerals (Development and Regulation ) Act, 1957. 2.The case of the prosecution is that the petitioner has quarrelled with some persons and he had illegally transported "Vandal" sand without any permission. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the

respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioner stating that there is no previous case is pending against the petitioner. He further submitted that the co-accused has already been granted anticipatory bail by this Court in Crl.O.P.No.27112 of 2025 dated 03.10.2025 and the charge sheet filed on 11.10.2025 before the learned Judicial Magistrate-II, Virudhachalam.

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

6. Considering the submissions made by the learned counsel appearing on either sides, there is no previous cases pending against the petitioner, 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 her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate II,

Virudhachalam on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 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 Court concerned, everyday at 10.30 a.m., for a period of one week and thereafter as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

17-11-2025 gbi

To 1.State Rep By, The Station House Officer, Kammapuram Police Station, Cuddalore District. Crime No.117/2025 2.The Judicial Magistrate II, Virudhachalam.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 31199 of 17-11-2025