Premnath v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Premnath ... Petitioner/A1 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Chinthamanipatti Police Station, Karur District.

Crime No. 37/2025.

... Respondent/Complainant For Petitioner : Mr.P. Suruliraja, Advocate for Mr.S.Deenadhayalan, Advocate For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Crime No.37 of 2025 on the file of the respondentPolice. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 12.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to 1/6

grant an order of pre-arrest bail.

2. The petitioner / Accused No.1 apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 296(b), 126(2), 132 and 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.37 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 07.02.2025, the defacto complainant along with revenue officials, while conducting vehicle check up, intercepted a Lorry bearing Regn.No. TN 30 Y 5266, driven by one Selvaraj and found that Gravel Sand was illegally transported. Hence, the defacto complainant and other officials seized the Lorry and secured the driver. Subsequently, on the same day, at about 9.00 am, A1, along with his friends, restrained the defacto complainant and other officials and threatened them with dire consequences to release the vehicle. Hence, the case.

4. Mr.P. Suruliraja, 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 further submits that though the petitioner has obtained licence to excavate the Minerals and Minerals in Patta No.248/2 to an extent of 1.63.5 Hectares for the period of five years, he excavated beyond the permitted extent. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for 2/6

grant 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 the investigation of the case is still pending. He further submits that at this stage of investigation, if the pre-arrest bail is granted to the petitioner, he may cause threat to the defacto complainant and other officials again and also the witnesses and tamper with the evidence. Accordingly, he prays to dismiss this Criminal Original Petition.

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

7. In view of the offence alleged against the petitioner, this Court is of the view that the custodial interrogation of the petitioner is not necessary in this case. The petitioner has permanent residence and deep roots in the society and therefore, there is less possibility for absconding. Considering the same and also considering the facts and circumstances of the case and taking note of the fact that the licence is still in force and with a view to give an opportunity to reform himself, this Court is inclined to grant an order of pre-arrest bail 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.I, Kulithalai, Karur District, within a period of 15 days from date on which the order copy is made 3/6

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 said Magistrate. (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 petitioner shall report before the learend Judicial Magistrate No.I, Kulithalai, Karur District daily at 10.00 am until further orders. (iv) The petitioner shall make himself available for interrogation by a police officer as and when required.

(v) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (vi) The petitioner shall not leave India without the previous permission of the Court.

(vii) The petitioner shall not directly or in directly cause any threat to the defacto complainant and the other officials and tamper with the evidence. (viii) The petitioner shall furnish his residential address and mobile number to 4/6

the concerned Magistrate.

(ix) 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/- 24/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDICIAL MAGISTRATE NO.I, KULITHALAI, KARUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE, CHINTHAMANIPATTI POLICE STATION, KARUR DISTRICT.

5/6

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

+1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-2015[I] dated 24/02/2025 )

ORDER

IN CRL OP(MD) No.2829 of 2025 Date :24/02/2025 SA/SKN/SAR. /10.03.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6