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Madras High CourtCRL OP(MD)/1277/2026granted

Seenivasan v. State Of Tamilnadu Rep By Inspector Of Police, Gandamanur

2026-02-06Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Seenivasan, S/o. Murugan, Sullakarai Street, Vellalnathi, Gandamanur, Theni District..

... Petitioner/Accused No.1 Vs State of Tamilnadu Rep by In, Spector of Police, Gandamanur, Police Station, Theni District.

(Crime No. 17 of 2026).

... Respondent/Complainant For Petitioner : Mr.Maheswaran R, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-33B.For Bail in Crime No. 17 of 2026 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 11.01.2026 for the offences punishable under Section 303(2) of BNS, 2023, Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 and Section 25(1A) of Arms Act, in Crime No.17 of 2026, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner illegally transported one unit of river sand. 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 in judicial custody from 2/7

11.01.2026.

Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner has ten previous cases, out of which, seven cases are similar in nature. He further submitted that the proposal for invoking Act 14 against the petitioner has been dropped. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum 3/7

of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court, Andipatti, 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;

[b]The petitioner is directed to purchase 50 trees and plant the same in any one of the Government Offices located in Theni District, by coordinating with the appropriate authority. ;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation;

[d] the petitioner shall not tamper 4/7

with the 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 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];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 06.02.2026 VSG TO 1.The Judicial Magistrate Court, Andipatti.

2.The Officer-in-Charge, Thekkampatti District Jail.

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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S.SRIMATHY,J., vsg

ORDER

IN CRL OP(MD) No.1277 of 2026 Date : 06/02/2026 7/7