Kesavan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Kesavan ... Petitioner/Accused Rank Not Known Vs., The State of Tamil nadu, rep., by the Inspector of Police, Bazar Police Station, Ramanathapuram District.
(Crime No.75 of 2025) ... Respondent/Complainant For Petitioner : Mr.D.Balamurugapandi For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.75 of 2025 on the file of the Respondent Police.
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 1/5
25.03.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita praying to grant an order of pre-arrest bail.
2. The petitioner/Accused Rank Not Known apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 303(2) of BNS read with Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.75 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that on 24.03.2025 at about 11.00 am., when the respondent police were indulged in patrolling duty to supervise the theft of sand, they found that the accused person is excavating and transporting savadu sand without any permission by using JCB bearing Registration No.TN 65 AP 3764. On seeing the police, the accused person fled away from the place. The police seized the JCB. Hence the case.
4. Mr.D.Balamurugapandi, learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and the respondent police has falsely implicated the petitioner as an accused. He further submits that the petitioner is ready to obey the condition to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.
5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-police submits that petitioner herein is a sole 2/5
accused in this case and totally 8 units of savadu sand was illegally transporting by the petitioner using JCB. Hence, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. Considering the facts that vehicle used for illegal quarrying has been seized and hence, the custody of the petitioners is not necessary to the investigation Agency and also considering the fact that the petitioner has permanent residence and deep roots in the society and therefore, there is less possibility of absconding and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions.
(i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.1, Ramanathapuram, Ramanathapuram District, within a period of 15 days from the date on which this order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned Judicial Magistrate No.1, Ramanathapuram, Ramanathapuram District;
(ii) The petitioner shall appear and sign before respondent Police, weekly twice i.e., on every Monday and Friday at 10.00 a.m., until further orders; 3/5
(iii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate No.1, Ramanathapuram, Ramanathapuram District, shall obtain a copy of anyone of identity proofs to ensure their identity;
(iv) The petitioner shall make himself available for interrogation by the respondent-Police as and when required;
(v) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; (vi) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (vii) The petitioner shall not leave India without the previous permission of the Court.
(viii) The petitioner shall furnish her residential address and mobile number to the concerned Magistrate.
(ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate/Trial Judge is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by themselves 4/5
as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 27/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
Rmk To 1.The Judicial Magistrate No.1, Ramanathapuram, Ramanathapuram District. 2.Do through the Chief Judicial Magistrate, Ramanathapuram District. 3.The Inspector of Police, Bazar Police Station, Ramanathapuram District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-3716[I] dated 01/04/2025 )
ORDER
IN CRL OP(MD) No.5711 of 2025 Date :27/03/2025 NBF/SAR/ (24/04/2025) 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5