M. Alagusuriya v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY M. Alagusuriya ... Petitioner/Accused Vs The State of Tamilnadu Rep., By, the Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.
(Crime No. 333 of 2025).
... Respondent/Complainant For Petitioner : M/s. Haroon Rasheed.D.S., Advocate.
For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) PRAYER :- C-38AB. For Anticipatory Bail in Crime No. 333 of 2025 on the file of the respondent police... ORDER : The Court made the following order :- 1/6
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS 2023, [corresponding offence under section 379 of IPC], in Crime No.333 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner illegally transported 1⁄2 unit of Savudu sand without any permit. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioner. However, he opposed 2/6
for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 learned Judicial Magistrate, Devakottai, within a period of fifteen days from the date on which the order copy is made ready and on further conditions 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 Aadhaar card or bank pass book to ensure their identity;
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(b)The petitioner shall make a non refundable deposit of Rs.2,000/- (Rupees Two Thousand only) to the credit of the Head Master, Corporation Sethupathi Pandithurai Higher Secondary School, Railway Colony, Madurai, in SBI Account No.30033864969, IFSC No.SBIN0008167; CIF No:85019457624; State Bank of India, Karimedu (Madurai) Branch, 44, REX Centre, Gnanaolipuram, Madurai District.
This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly constructed class rooms under 'Namakku Naame' Scheme. On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner;
(d) the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders;
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[c] the petitioner shall not tamper with the 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 petitioner is 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 BNS.
12.01.2026 PJL TO
1. Judicial Magistrate, Devakottai.
2. The Inspector of Police, Devakottai Taluk Police Station,Sivagangai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J PJL
ORDER
IN CRL OP(MD) No.759 of 2026 Date : 12/01/2026 6/6