M.Muthukumar @ Kumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL OP(MD). No.301 of 2025 M.Muthukumar @ Kumar, S/o Mani, No. 3/49 Usilangulam, Veeracholan, Thiruchuli Taluk, Virudhunagar District..

... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Veeracholan Police Station, Virudhunagar District.

Crime No. 1 of 2025.

... Respondent/Complainant For Petitioner : Mr.John Rajadurai.J, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.1 of 2025 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/ Accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under section 303 (2) of BNS r/w Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.1 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had attempted to take river sand in a tractor by using JCB vehicle. Totally there are five accused persons in this case and the petitioner has been arrayed as Accused No.2.

3. Heard the learned counsel on either side and perused the material records of the case.

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

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5. Considering the nature of the allegations and taking note of the fact that there are no previous cases 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 anticipatory 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 District Munsif cum Judicial Magistrate, Thiruchuli 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 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 as and when required for interrogation.

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[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 petitioners 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 of BNS 2023.

Sd/- 08/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I/II/III/IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUCHULI, VIRUDHUNAGAR DISTRICT.

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2 DO- THROUGH - THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, VEERACHOLAN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S. JOHN RAJADURAI.J Advocate SR.No.289, Dated 09.01.2025 ORDER IN CRL OP(MD) No.301 of 2025 Date :08/01/2025 ES/SKN/SAR /31.01.2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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