Mangalakumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/03/2025 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Mangalakumar, ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Kallimandayam Police Station, Dindigul District.

Crime No.240 of 2024.

... Respondent/Complainant For Petitioner : Mr.S.Kishore Kumar, 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.240 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 303(2) of BNS, 2023 1/5

and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.240 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally transported 1⁄2 unit of gravel sand in a tipper lorry. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is no way connected with this crime. He would further submit that he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to abide by any condition that may be imposed by this Court. Accordingly, he prays to allow this petition.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police on instructions would submit that there are three previous cases pending against the petitioner, which are not similar in nature. He would further submit that the alleged sand and the vehicle have been recovered by the respondent Police. Accordingly, he prays to dismiss this petition.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions made on either side and the nature of offences charged against the petitioner and considering the fact that though the 2/5

petitioner has three previous cases, in all cases, already bail was granted to the petitioner and considering the quantity of material involved in this case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the Judicial Magistrate, Ottanchatram, Dindigul District, and on further conditions that: [b] the petitioner shall report before the respondent Police every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 3/5

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 B.N.S.

sd/- 12.03.2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1.The Judicial Magistrate, Ottanchatram, Dindigul District.

2.Do through the Chief Judicial Magistrate, Dindigul District.

3.The Inspector of Police, Kallimandayam Police Station, Dindigul District.

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

+1 CC to M/s.S.KISHORE KUMAR, Advocate ( SR-2771[I] dated 13/03/2025 ) 4/5

CRL OP(MD) No.4564 of 2025 Date : 12/03/2025 SL(20.03.2025)/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5