Ramkumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL OP(MD). No.786 of 2025 Ramkumar ... Petitioner/Accused 3 Vs The State of Tamil Nadu, Rep.By, the Inspector of Police, Vangal Police Station, Karur District.
(Crime No.434/2023).
... Respondent/Complainant For Petitioner : M/s.Imran Khan.J, For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.434 of 2023 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 379 IPC and 21(1) of Mines and Minerals (Development Regulation) Act, 1957, in Crime No.434 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had illegally transported three units of river sand in tipper lorry. Hence, the case.
3. Heard the learned counsel on either side and perused the material records of the case.
4. The learned Government Advocate (Criminal Side) submitted that there is no previous case against the petitioner.
5. Considering the nature of the allegations, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, this criminal original petition is ordered and the petitioner 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 on which the order copy made ready, before the learned Judicial Magistrate No.II, Karur, on condition that the petitioner shall 2/5
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 is directed to deposit a sum of Rs.45,000/- (Rupees Forty Five Thousand only) to the credit of Salem Vakil Gumasthas Association (Account No:- 17801000000397, IFSC Code:-IOBA001780, Indian Overseas Bank, District Court Branch, Salem District, without prejudice to his rights and contentions before the trial Court. Only upon deposit, the learned Magistrate shall accept the sureties; [c] the petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [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 3/5
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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.
sd/- 20/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1.THE JUDICIAL MAGISTRATE NO.2, KARUR.
2.DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
3.THE INSPECTOR OF POLICE, 4/5
VANGAL POLICE STATION, KARUR DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO M/S.SALEM VAKIL GUMASTHAS ASSOCIATION, DISTRICT COURT, SALEM DISTRICT.
+1 CC to M/s.J.IMRAN KHAN, Advocate ( SR-544[I] dated 21/01/2025 )
ORDER
IN CRL OP(MD) No.786 of 2025 Date :20/01/2025 NBF / SKN / SAR- (03/02/2025) 5P /7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5