Siva @ Palanisamy, v. State Of Tamilnadu Rep By Inspector Of Police, Karaiyur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.02.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Siva @ Palanisamy ... Petitioner/Accused Vs State of Tamilnadu Rep by the Inspector of Police, Karaiyur Police Station, Pudukkottai District.

(Crime No.110 of 2025) ... Respondent/Complainant For Petitioner : Mr.P.Arumuga Rajan 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.110 of 2025 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner/Accused, who 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 & Regulation) Act 1957, in Crime No.110 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The prosecution's case is that the petitioner had illegally transported 1⁄4 unit of river sand, without any permission. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) submitted that there are two previous cases pending against the petitioner and the property has been recovered. However, he vehemently opposed for grant of anticipatory 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, this Court is inclined to grant anticipatory bail to the petitioner, with other conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court, Ponnamaravathi, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the Judicial Magistrate Court, Ponnamaravathi, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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(a) the petitioner and 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;

(b ) the petitioner shall make a non refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the Corporation Sethupathy Pandithurai Higher Secondary School, Railway Colony, Madurai, State Bank of India, Karimedu, Madurai, Account No. 30033864969, IFSC No.SBIN0008167, MICR Code: 625002017, without prejudice to his contentions and rights before the trial Court, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;

(c ) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;

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(f) 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] and;

(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 16.02.2026 msrm To

1. The Judicial Magistrate Court, Ponnamaravathi.

2.The Inspector of Police, Karaiyur Police Station, Pudukkottai District.

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

4.The Corporation Sethupathy Pandithurai Higher Secondary School, Railway Colony, Madurai.

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S.SRIMATHY,J msrm

ORDER

IN CRL OP(MD) No.3218 of 2026 Date : 16.02.2026 6/6