V.G. Baiju 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 CRL OP(MD). No.1374 of 2025
1. V.G. Baiju, S/o.Gopalan, Vazheliparambu, Poonoor, Valayanhirangara, Vengola, Ernakulam, Kerala..
2. B. Lakshmanan, C/o.Bomminayakkar, 9/ 91, East Street, G.Kallupatti, Kunnur, Theni District.
... Petitioners/Accused Rank not known Vs The State of Tamilnadu, Rep. by the Inspector of Police, Gandamanur Police Station , Theni District Crime No. 3/2025.
... Respondent/Complainant For Petitioners : Mr.K.Sudalaiyandi, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.3/2025. 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 offences under Section 316 (2) of BNS, 2023 in Crime No.3 of 2025 on the file of the respondent Police, seek anticipatory bail.
2. The case of the prosecution is that the accused persons had transported five units of stones illegally in a lorry by altering the time schedule given in the permit slip.
3. Heard the learned counsel on either side.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the lorry and stones have been seized and taking note of the fact that there are no previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions. 2/5
5. 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 shall report before the respondent police as and when required for interrogation;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioners shall not abscond either during investigation or trial; 3/5
[e] on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners 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; [f] 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.
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3 THE INSPECTOR OF POLICE, GANDAMANUR POLICE STATION , THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.SUDALAIYANDI, Advocate ( SR-811[I] dated 24/01/2025 )
ORDER
IN CRL OP(MD) No.1374 of 2025 Date :24/01/2025 ES/SKN/SAR /10.02.2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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