Thirusanghu, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL 1.Thirusanghu 2.Veerakumar ... Petitioners / Accused Nos.1 & 2 Vs.

The State rep by, The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

(Crime No.39 of 2025) ... Respondent / Complainant PRAYER: Criminal Original Petition filed under Section 482 of BNSS praying to enlarge the petitioners on anticipatory bail in connection with the case in Crime No.39 of 2025 on the file of the respondent police. For Petitioners :

Mr.S.Suresh Manickam For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side) ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 10.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

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2. The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.39 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 05.02.2025 at about 11.30 p.m., when the police were on patrol duty near Agni River Graveyard, they found that the accused persons were illegally excavating and transporting 1⁄4 unit of river sand using bullock cart without, any valid permission. On seeing the respondent-police, the accused persons escaped from the scene of occurrence. Hence, the case.

4. Mr.S.Suresh Manickam, the learned counsel for the petitioners, submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He, however, submits that the petitioners are ready to abide by any conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioners.

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5. Per contra, Mr.K.Sanjay Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that there are totally 2 accused persons in this case and the petitioners have been arrayed as Accused Nos.1 and 2. He further submits that there are no previous cases against the petitioners. He further submits that the accused persons had illegally excavated and transported 1⁄4 unit of river sand without any valid permission. Accordingly, he prays to dismiss this Criminal Original Petition.

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

7. Considering the facts and circumstances of the case, the nature of the offence, the quantity of river sand alleged to have been excavated and transported by the petitioners and also considering the fact that the petitioners have permanent residence and deep roots in the society and therefore, there is less possibility of absconding and taking note of the fact that there are no previous cases against the petitioners and also with a view to give an opportunity to the petitioners to reform themselves, this Court is inclined to grant pre-arrest bail to the petitioners. Accordingly, pre-arrest bail is granted to the petitioners subject to the following conditions:

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(i) The petitioners shall be released on pre-arrest bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate, Pattukottai, within a period of 15 days from date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate, Pattukottai. (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity.

(iii) The petitioners shall appear and sign before the respondent-police weekly once i.e., on Monday at 10.00 a.m. until further orders. (iv) The petitioners shall furnish their residential address and mobile number to the concerned Magistrate.

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(v) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (vi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 13/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.SURESH MANICKAM, Advocate ( SR-1656[I] dated 14/02/2025 )

ORDER

IN CRL OP(MD) No.2647 of 2025 Date :13/02/2025 SS/SKN/SAR- /20/02/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6