Selvaraj 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 Selvaraj ... Petitioner / Accused No.2 Vs.

The State rep by, The Inspector of Police, Velliyanai Police Station, Karur, Karur District.

(*)(Crime No.37 of 2025) ... Respondent / Complainant PRAYER: Criminal Original Petition filed under Section 482 of BNSS praying to enlarge the petitioner on anticipatory bail in connection with the case in (*)Crime No.37 of 2025 on the file of the respondent police. For Petitioner :

Mr.B.Vinoth Kumar For Respondent :

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

2. The petitioner apprehends 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.37 of 2025 on the file of the 1/5

respondent-police.

3. The case of the prosecution is that on 29.01.2025 at about 02.00 p.m., the Special Revenue Inspector, Geological and Mines, Karur near Muniappan Temple on CC Bridge found the accused persons illegally excavating and transporting 5 units of river sand without any valid permission in a Taurus lorry bearing Reg.No.TN-28AA-8448. The driver was apprehended. The petitioner is the owner of the vehicle. Hence, the complaint.

4. Mr.B.Vinoth Kumar, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he 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. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side) appearing for the respondent police, submits that there are totally 2 accused persons in this case and the petitioner has been arrayed as Accused No.2. He further submits that the accused persons had illegally excavated and transported 5 units of river sand without any valid permission and that there are no previous cases against the petitioner. He further submits that the petitioner is the owner of the said vehicle. Accordingly, he prays to dismiss this Criminal Original Petition. 2/5

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 petitioner and also considering the fact that the petitioner has 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 petitioner and also with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.

II, Karur, 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.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate No.II, Karur. (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.

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(iii) The petitioner shall appear and sign before the respondent-police daily at 10.00 a.m. until further orders.

(iv) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.

(v) The petitioner 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 petitioner 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 (*)Amended as per order of this Hon'ble Court in CRL MP(MD)No.2847/2025 in CRL OP(MD)No.2729/2025 Dated 04/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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PAL TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATCHED ON 24.02.2025 1 THE JUDICIAL MAGISTRATE NO.II, KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3 THE INSPECTOR OF POLICE, VELLIYANAI POLICE STATION, KARUR, KARUR DISTRICT.

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

+1 CC to M/s.B.VINOTH KUMAR, Advocate ( SR-1682[I] dated 14/02/2025 )

ORDER

IN CRL OP(MD) No.2729 of 2025 Date :13/02/2025 SS/SKN/SAR- /20/02/2025/ 5P/6C RS/VR/SAR- /10.03.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5