Mari v. State Of Tamilnadu Rep By Inspector Of Police, Ramanathapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL K.Mari ..Petitioner/Accused No.1 Vs 1.State of Tamil Nadu rep. by The Inspector of Police, Ramanathapuram Bazaar Police Station, Ramanathapuram District.

(Crime No.0140 of 2026) .. Respondent For petitioner :Mr.R.Balamurugan Advocate.

For Respondent :Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.0140 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehend arrest at the hands of the respondent for the 1/8

offences punishable under Section 303(2) of BNS, 2023, and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.0140 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 23.03.2026, while the defacto complainant/Sub Inspector of Police, was on patrol duty, they found that the petitioner and other accused persons illegally transported two units of Savudu sand by using two vehicles bearing Registration Nos.TN 75 AY 4249 and TN65 AH 5618 without any valid permission. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he is no way connected in the above said incident. He would further submit that the co2/8

accused was already granted bail. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioner and other accused persons had illegally transported two units of river sand without any permission. He would further submit that the petitioner has two previous cases. However, he opposes to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and the quantity of the materials involved in this case, and also considering the fact that the co-accused was 3/8

already released on bail and though the petitioner has two previous cases, the same are not similar in nature and in both the cases, he was released on bail, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Ramanathapuram, and on further conditions that:

[b] the petitioner shall report before the respondent Police once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and 4/8

thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamp er with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 5/8

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/petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 06.04.2026 vsg 6/8

To 1.The learned Judicial Magistrate No.I, Ramanathapuram.

2.The Inspector of Police, Ramanathapuram Bazaar Police Station, Ramanathapuram District.

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

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 6573 of 2026 Date : 06.04.2026 8/8