K. Suresh Kumar, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL K.Suresh Kumar ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Athoor Police Station, Thoothukudi District, Crime No.1 of 2025. ... Respondent/Complainant For Petitioner : Mr.K.Karansingh Advocate.

For Respondent : Mr.K. Sanjai Gandhi Government Advocate (Crl. side) PRAYER :- For anticipatory bail in Crime No.1 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 04.02.2025 under 1/4

Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant pre-arrest bail.

2. The case for the prosecution is that based on secret information, on 04.01.2025, at about 03:00 a.m., the defacto complainant, the Sub-Inspector of Police, along with his team, was conducting an inspection at the Thamirabarani River Basin, where they found that the accused persons were filling river sand into bags. On seeing the police, they attempted to flee. However, the police apprehended A2 and A3, while the petitioner (A1) fled the scene, leaving behind his two-wheeler bearing Registration No.TN-92-J-3961. The police seized the vehicle and 30 bags of river sand, worth about Rs.6,000/-. Based on the confessions of A2 and A3, the petitioner was arrayed as A1. Hence, the case.

3. The case for the prosecution is that based on secret information, on 04.01.2025, at about 03:00 a.m., the defacto complainant, the Sub-Inspector of Police, along with his team, was conducting an inspection at the Thamirabarani River Basin, where they found that the accused persons were filling river sand into bags. On seeing the police, they attempted to flee. However, the police apprehended A2 and A3, while the petitioner (A1) fled the scene, leaving behind his two-wheeler bearing 2/4

Registration No.TN-92-J-3961. The police seized the vehicle and 30 bags of river sand, worth about Rs.6,000/-. Based on the confessions of A2 and A3, the petitioner was arrayed as A1. Hence, the case.

4. Mr.K.Karansingh, learned counsel appearing for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He, however, submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of pre-arrest bail to the petitioner.

5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that there are 7 previous cases pending against the petitioner, out of which three cases are similar in nature. He further submits that the investigation of the case is still pending. Hence, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. The petitioner has 7 previous cases, out of which 3 cases are similar in 3/4

nature. In view of the antecedents of the petitioner, this Court is of the view that if the petitioner is released on pre-arrest bail, he will commit the similar offence again. Hence, this Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, this Criminal Original Petition is dismissed. sd/- 06/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO

1. The Inspector of Police, Athoor Police Station, Thoothukudi District,

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.2314 of 2025 Date :06/02/2025 RK/SKN (28/02/2025) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4