Masi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Masi ... Petitioner/Accused No.3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Kulithalai Police Station, Karur District.

Crime No.125 of 2025..

... Respondent/Complainant For Petitioner : Mr.V. Karuna, 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.125 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 08.04.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent-Police for the offences punishable under Section 303(2) of Bharatiya Nyaya Sanhita (BNS), 2023, and Section 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.125 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 07.03.2025, when the respondent-Police were on patrol duty, they found that the accused persons were illegally excavating and transporting red sand by using two lorries. On seeing the police, the accused persons fled away from the scene of occurrence. Hence, the case.

4. Mr.V.Karuna, learned counsel appearing for the petitioner, submits that the petitioner has nothing to do with the alleged offence. He further submits that the respondent-Police has falsely foisted a case against the petitioner. He however submits that the petitioner is ready to abide by any conditions to be imposed by this 2/4

Court. Therefore, he prays for granting pre-arrest bail to the petitioner.

5. Per contra, Mr.S.S.Manoj, learned Government Advocate (Crl. Side) appearing for the respondent-Police, submits that the investigation is not yet completed, at this stage, if pre-arrest bail is granted to the petitioner, the petitioner will cause delay to the investigation proceedings. He further submits that this is the second pre-arrest bail application filed by the petitioner and the earlier pre-arrest bail application filed by the petitioner in Crl.O.P.(MD).No.4741 of 2025 stands dismissed vide order dated 13.03.2025. Hence, he opposes to grant pre-arrest bail to the petitioner.

6. Heard on both sides. This Court has perused the records.

7. Considering the nature of the offence as alleged by the prosecution and considering the dismissal of the petitioner's earlier pre-arrest bail application in Crl.O.P.(MD).No.4741 of 2025 by an order dated 13.03.2025, and taking note of the fact that there is no change in circumstances, this Court holds that the successive pre-arrest bail petition is not maintainable. Hence, the Court is not inclined to grant pre-arrest bail to the petitioners.

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8. Accordingly, the Criminal Original Petition stands dismissed. sd/- 15/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

vsg TO 1.The Inspector of Police, Kulithalai Police Station, Karur District.

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

ORDER

IN CRL OP(MD) No.6792 of 2025 Date :15/04/2025 VN/13.05.2025 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4