Madhanraj v. State Of Tamilnadu Rep By Inspector Of Police, Manamadurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/03/2026

CORAM

THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN Madhanraj ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Manamadurai Police Station, Sivagangai District.

Crime No.85/2026.

... Respondent/Complainant PRAYER :- For Bail in Crime no.85 of 2026 on the file of the Respondent Police. For Petitioner : Mr.R.Senthilkumar, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor ORDER: The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 28.02.2026 for the offences punishable under 1/6

Sections 303(2) of BNS, and Section 21(4) of the Mines and Mineral (Development and Regulation) Act, 1957 in Crime No.85/2026, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 28.02.2026, at about 02.00 p.m, the respondent police was on patrol duty, they found that the petitioner has illegally transported 5 units of kenatru Mud (fpzw;W kz;). Hence, the respondent police registered a case against the petitioner for the aforesaid offences and arrested him. Hence, this petition.

3. The learned counsel for the petitioner submits that one Arunthathi dug a well in her patta land in S.No.6, Vethiyarandal Village, Manamadurai Taluk, Sivagangai District, and laid the mud near the well. Since that is trouble for agriculture activities, the petitioner approached Village Administrative Officer, Vethiyarandal and obtained certificate for removing the said debris on 22.02.2026. Hence, the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been arrested and 2/6

he is languishing in jail from 28.02.2026. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail stating that without obtaining permission, he transported the said debris of the dug well and the investigation is still pending.

5.Considering the period of incarceration and also considering the case of the petitioner that one Arunthathi dug a well in her patta land and he transported the debris of the said well after obtaining certificate from the Village Administrative Officer, Vethiyarandal, Manamadurai Taluk, Sivagangai District, this Court is inclined to grant bail to the petitioner on certain 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, Manamadurai, and on further conditions that, 3/6

a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

b) the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 15 days and thereafter, as and when required for interrogation, until further orders; c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during 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 4/6

of Kerala [(2005)AIR SCW 5560].

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

11.03.2026 DSS TO 1.The Judicial Magistrate, Manamadurai.

2. The Superintendent of Prison, District Sub-Jail, Sivagangai.

3.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

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K.K. RAMAKRISHNAN,J DSS

ORDER

IN CRL OP(MD) No.5092 of 2026 Date : 11/03/2026 6/6