Saravanan v. State Of Tamilnadu Rep By Inspector Of Police, Vaiyampatty

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.03.2026 PRESENT The HONOURABLE JUSTICE MR. K.K.RAMAKRISHNAN CRL OP(MD). No.5062 of 2026 Saravanan ... Petitioner/Accused No.3 Vs The State of Tamilnadu Rep.,By, The Inspector of Police, Vaiyampatti Police Station, Trichy District.

Crime No.91 of 2026. ... Respondent/Complainant For Petitioner : Mr.S.Palanisamy For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.91 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences under Section 303(2) of BNS r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.91 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the owner of the vehicle bearing Reg.No.TN-30-BA-3273, which was involved in the transportation of 2 units of river sand. Hence, the respondent police registered a case against the accused for the aforesaid offences. Hence, this petition.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that A1 & A2 were already arrested and released on bail and hence, he seeks anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) strongly opposed to grant anticipatory bail to the petitioner stating that the petitioner is the owner of the lorry and the A2 & A3 are the driver and loadman. Only at the instigation of petitioner, A2 & A3 committed the said offence and the investigation is in preliminary stage.

5. Considering the facts and circumstances of the case and also considering the facts that the co-accused were already released on bail, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Judicial Magistrate Court, Manapparai, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar card or bank pass book to ensure their identity; [b]the petitioner shall make a non refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) to the account of the POCSO Victim girl [ State Bank of India, Oddapidaram Branch, Account Type: Regular Savings Bank Account, Ac.No.42588794148, CIF No:91381541277, IFSC:SBIN0016318 ] and on such deposit being made, the 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., for a period of 15 days and thereafter, as and when required for interrogation;

[d]the petitioner shall not tamper with the 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 is 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.

12.03.2026 dss To 1.The Judicial Magistrate Court, Manapparai.

2.The Inspector of Police, Vaiyampatti Police Station, Trichy District.

3. 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.5062 of 2026 Date : 12.03.2026 6/6