Karuppuchamy @ Kadukka Karthi v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/04/2025 PRESENT The HONOURABLE MR. JUSTICE R. SAKTHIVEL Karuppuchamy @ Kadukka Karthi, ... Petitioner/Accused No.2 Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, Parthibanur Police Station, Ramanathapuram District.
In Crime No.37 of 2025.
... Respondent/Complainant For Petitioner : Mr.B.Arun, Advocate.
For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 37 of 2025 on the file of the respondent police. 1/4
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 03.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of bail.
2. The petitioner was arrested and remanded to judicial custody on 23.03.2025 for the offences punishable under Section 303(2) of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.37 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that on 20.03.2025, at around 17.30 hours, based on secret information, the Village Administrative Officer of Thaduthalankottai Group, along with the Village Assistant, were patrolling to prevent the theft of sand, they found that the petitioner and other accused persons illegally excavating and transporting three units of river sand using Dzire Car and Tipper Lorry bearing Registration Nos.TN-72-CC-7158 and TN-76-K-5056 respectively. On seeing the Police, other accused person fled from the place leaving the tipper lorry on the spot. However, the petitioner/A2 and A4 got by the respondent-Police and the respondent-Police enquired them. The petitioner herein and other accused confessed that they had stolen sand from Vaigai River without any valid license or permit. The Police seized the same and arrested the petitioner/A2 and A4. Hence, the case. 2/4
4. Mr.B.Arun, learned counsel appearing for the petitioner, submits that the petitioner is an innocent person, and he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He, however, submits that the petitioner is ready to abide by any conditions to be imposed by this Court. The petitioner herein has been arrayed as Accused No.2 in this case. He therefore prays for grant bail to the petitioner.
5. Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-Police, submits that there are four previous cases pending against the petitioner. Out of four previous cases, three cases are similar in nature. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. Considering the above fact and also considering the bad antecedents of the petitioner and taking note of the fact that the petitioner is a habitual offender and thereby causing loss to the environment and rural resources, this Court is not inclined to grant bail to the petitioner.
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8.Accordingly, this criminal Original Petition is dismissed. sd/- 07/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VSG TO 1.The learned Judicial Magistrate, Paramakudi.
2. The Chief Judicial Magistrate, Paramakudi.
3. The Officer - incharge, District Prison, Ramanathapuram. 4.The Inspector of Police, Parthibanur Police Station, Ramanathapuram District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.6412 of 2025 Date :07/04/2025 PP/SAR. /30.04.2025/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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