Moorthi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Moorthi S/o. Palanisamy, 191,Ambalakara Street, Vadugakudi, Thiruvaiyaru, Thanjavur

...Petitioner/Accused No.4

Vs The State of Tamilnadu Rep. by The Inspector of Police, Maruvur Police station, Thanjavur district.

Crime No. 3/2025.

...Respondent/Complainant

For Petitioner(s):

Mr.Dhilipan Pandian R L, Advocate For Respondent(s):

Mr.B.Thanga Aravindh, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.3 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for 1/5

the alleged offences under Sections 303(2) of BNS read with Section 21(1) of MMDR Act in Crime No.3 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons had illegally transported 1⁄2 unit of of river sand in TATA 407 vehicle. There are five accused persons in this case and the petitioner is A4.

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

4. The learned Government Advocate (Criminal Saide), on instructions, submitted that the petitioner has two previous cases. 5.Taking into consideration the facts and circumstances of the case and also considering the quantity of minerals involved and also considering the fact that there are two similar 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 bail in the event of 2/5

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, Thiruvaiyaru, Thanjavur District , 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 is directed to deposit a sum of Rs.

7,500/- (Rupees Seven Thousand Five Hundred only) to the credit of Salem Vakil Gumasthas Association, Indian Overseas Bank, Branch: District Court, Salem (Account No:-17801000000397, IFSC Code:-IOBA001780, without prejudice to his rights and contentions before the trial Court.

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 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/- 23/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

sma TO

1. THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.

4/5

3. THE INSPECTOR OF POLICE, MARUVUR POLICE STATION, THANJAVUR DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE OFFICER IN CHARGE, SALEM VAKIL GUMASTHAS ASSOCIATION, DISTRICT COURT, SALEM +1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-915[I] dated 27/01/2025 )

ORDER

IN CRL OP(MD) No.1166 of 2025 Date :23/01/2025 RK/SKN(14/02/2025) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5