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Madras High CourtCRL OP(MD)/4624/2025granted

Mani v. The State Of Tamilnadu

2025-03-12Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/03/2025 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL

1. Mani,

2. Muthusamy,

3. Chinnaiya, ... Petitioners/Accused Rank Not Known Vs The State of Tamilnadu, Rep by the Inspector of Police, Vellanur Police Station, Pudukkottai District.

Crime No.33 of 2025..

... Respondent/Complainant For Petitioners : Mr.P.Ganapathi Subramanian., 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.33 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners /Accused rank not known, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 303(2) of BNS, 2023 1/4

r/w Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.33 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had illegally transported four units of rough stones in two tipper lorries without any valid licence. Hence, the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they are no way connected with this crime. He would further submit that they have not committed any offence as alleged by the prosecution. He would further submit that the names of the petitioners were not found in the First Information Report. 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 is one previous case pending against the petitioners. He would further submit that the alleged stones and the vehicle have been recovered from the accused persons. 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 petitioners and taking note of the fact that the names of 2/4

the petitioners were not found in the First Information Report and considering the fact that though the petitioners have one previous cases, in all the cases, already bail was granted to the petitioners, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate II, Pudukottai, and on further conditions that: [b] the petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders.

[c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. 3/4

[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 II, Pudukkottai.

2.Do through the Chief Judicial Magistrate, Pudukkottai 3.The Inspector of Police, Vellanur Police Station, Pudukkottai District.

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

+1 CC to M/s.P.GANAPATHI SUBRAMANIAN, Advocate (SR-2870[I] dated 14/03/2025) CRL OP(MD) No.4624 of 2025 Date : 12/03/2025 SL(20.03.2025)/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4