Balamurugan v. State Of Tamilnadu Rep By Inspector Of Police, Samayapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.02.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Balamurugan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Samayapuram Police Station, Trichy District.

(Crime No.52 of 2026) ... Respondent/Complainant For Petitioner : Mr.S.Sathyachidambaram Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.52 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 02.02.2026 for the offences punishable under Sections 303(2) of BNS 2023 and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.52 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons had illegally transported 3 units of river sand, without any permission. 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 the driver of the vehicle. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 02.02.2026. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that there are no previous cases pending against the petitioner and the property has been recovered. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the property has been recovered 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 of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Trichy District, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] 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 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].

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

(S S Y J) 12.02.2026 msrm 4/6

To

1. The learned Judicial Magistrate No.III, Trichy District.

2. The Superintendent, Central Prison, Trichy.

3. The Inspector of Police, Samayapuram Police Station, Trichy District.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.2993 of 2026 Date : 12.02.2026 6/6