Rajesh v. State Of Tamilnadu Rep By Inspector Of Police, Emaneswaram
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Rajesh 2.Alaguraja ... Petitioners/A4 & A3 Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Emaneswaram Police Station, Ramanathapuram District Cr.No.195 of 2026.
... Respondent/Complainant For Petitioners : Mr.G.Mohandoss For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PRAYER :- C-33AB.For Anticipatory Bail in Cr.No.195 of 2026 on the file of the respondent police.
ORDER : The Court made the following order :- 1/7
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS, 2023, r/w Section 21(1) MMDR Act, in Crime No.195 of 2026 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners were illegally transported 4 bags of river sand Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that A1 and A2 were already granted bail. He further submitted that A3 has 3 previous 2/7
cases and A3 has no previous case. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, and also the fact that A1 and A2 were already granted bail, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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 learned Judicial Magistrate, Paramakudi, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:
[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and 3/7
the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;
(b) The petitioners shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Head Master, Corporation Sethupathi Pandithurai Higher Secondary School, Railway Colony, Madurai, in SBI Account No.30033864969, IFSC No.SBIN0008167; CIF No:85019457624; State Bank of India, Karimedu (Madurai) Branch, 44, REX Centre, Gnanaolipuram, Madurai District.
This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly constructed class rooms under 'Namakku Naame' Scheme. On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner;
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[c] the petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders;
[d]the petitioners shall not tamper with the evidence or witness either during investigation or trial;
[e]the petitioners shall not abscond either during investigation or trial;
[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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];
[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
25.02.2026 PJL 5/7
TO
1. Judicial Magistrate, Paramakudi.
2.The Inspector of Police, Emaneswaram Police Station,Ramanathapuram District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4. the Head Master, Corporation Sethupathi Pandithurai Higher Secondary School, Railway Colony, Madurai.
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S.SRIMATHY,J PJL
ORDER
IN CRL OP(MD) No.3981 of 2026 Date : 25/02/2026 7/7