Muniyandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Muniyandi, S/o. Pandiyan, 43c/ W1, Kombai Road, Kambam Muncipality, Uthamapalayam, Theni District..

2. Keerthi Raja, S/o.Asaikannan, 53-2 Pechiyamman Kovil Street, C.Pudupatti, Uthamapalayam, Theni..

... Petitioners/Accused Rank Not Known Vs The State of Tamilnadu, Rep. By. the Inspector of Police, Gandamanur Police Station, Theni District Crime No. 2/2025.

... Respondent/Complainant 1/5

For Petitioners : Mr.K.Sudalaiyandi, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.2/2025. 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 police for the alleged offences under Section 21(4) of the Mines an d Minerals (Development and Regulation) Act, 1957 in Crime No.2 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had transported six units of P-sand in a tipper lorry without any valid license.

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 also of the fact that sand has been seized, this Court is inclined to grant anticipatory bail to 2/5

the petitioner 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, Andipatti, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), each 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 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 are directed to deposit a sum of Rs.3,000/- (Rupees Three Thousand only) each to the credit of the M/s.

Salem Vakil Gumasthas Association, Indian Overseas Bank, Branch:District Court, Salem (Account No:-17801000000397, IFSC Code:-IOBA001780, without prejudice to their rights and contentions before the trial Court. Only upon deposit, the learned Magistrate shall accept the sureties. [c].

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

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[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 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/- 24/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

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

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COPY TO:

THE OFFICER INCHARGE, M/S.SALEM VAKIL GUMASTHAS ASSOCIATION, SALEM.

+1 CC to M/s.K.SUDALAIYANDI, Advocate ( SR-812[I] dated 24/01/2025 )

ORDER

IN CRL OP(MD) No.1370 of 2025 Date :24/01/2025 SA/SKN/SAR. /14.02.2025/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5