Madras High CourtCRL OP(MD)/92/2025allowed

Santhanakumar v. The State Of Tamil Nadu

2025-01-06Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Santhanakumar,

2. Vincent, ... Petitioners/ Rank not Known Vs The State of Tamil Nadu, The Sub Inspector of Police, Kayathar Police Station, Thoothukudi District (Crime No.407/2024).

... Respondent/Complainant For Petitioners : Mr. S.Sundarapandian, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.407 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners / Accused, who apprehend arrest at the hands of the respondent 1/5

police for the alleged offences under Section 303(2) of BNS 2023 and Section 21(1) r/w. 24 (1)) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.407 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had transported 18 cubic metres of sakkai stones in two tipper lorries.

3. The learned counsel appearing for the petitioners submitted that the petitioners have nothing to do with the alleged offence and hence, he prayed for anticipatory bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that there are no previous cases against the petitioners.

5. Taking into consideration the facts and circumstances of the case and considering the fact that there are no previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.2, Kovilpatti, Thoothukudi District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), each with two sureties, 2/5

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 said Magistrate, on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioners shall pay a sum of Rs.3,500/- (rupees Three Thousand and Five Hundred only) to the credit of the Madurai Bench of Madras High Court Advocate Clerk's Welfare Association, Madurai-625023 (Account No:- 496039124, IFSC Code:-IDIB000H040), without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgement before the trial Court. [c]. the petitioners shall report before the respondent police as and when required for interrogation;

[d]the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e]the petitioners 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 by the Hon'ble Supreme Court 3/5

in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 06/01/2025 / TRUE COPY / / 01 /2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE NO.2, KOVILPATTI, THOOTHUKUDI DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE OFFICER INCHARGE MADURAI BENCH OF MADRAS HIGH COURT ADVOCATE CLERKS WELFARE ASSOCIATION, MADURAI-625023 4/5

ORDER

IN CRL OP(MD) No.92 of 2025 Date :06/01/2025 PSP/ SKN /SAR /22.01.2025/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5