Ajithkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Ajithkumar ... Petitioner Vs State of TamilNadu rep. by The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

(In Crime No.86 of 2025) ... Respondent For Petitioner : Mr.CN.Tamizharasan For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.86 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/ Accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 303(2) BNS r/w 1/5

Section 21(1) MMDR Act in Cr.No.86 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 20.03.2025 at around 10.00 pm., when the defacto complainant, who is the Sub Inspector of Police and police team were on patrol duty, they received a secret information regarding illegal sand theft. Therefore, they intercepted a tractor bearing Registration No.TN 62 BM 2401 and trailor No.TN 65 AK 2745 and found the possession of 3⁄4 unit savadu sand without any valid permit and on seeing the police team, the driver of the vehicle and two others fled away from the scene of occurrence. Hence the complaint.

3. The learned Counsel for the petitioner would submit 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. He further submits that the petitioner is willing to deposit some amount to the Green Committee, Ramanathapuram District. He, therefore, prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that there are three accused and this petitioner was ranked as first accused. The petitioner has illegally transported 3⁄4 units of savadu sand 2/5

without having any valid license or permission. He further submits that there are five cases pending against the petitioner. Out of which, four cases are similar in nature. Accordingly, he prays to dismiss this Criminal Original Petition.

5. Considering the facts and circumstances of the case and that the petitioner is willing to pay some amount to the Green Committee, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court No.1, Ramanathapuram 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner is directed to pay a sum of Rs.5000/- to the Green Committee, Ramanathapuram.

[b] 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 Aadhar card or Bank Pass Book to ensure their identity. 3/5

[c] the petitioner shall report before the respondent Police daily at 10.30a.m. until further orders.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [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 petitioners 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 2023.

sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

Yuva TO 1.The Judicial Magistrate Court No.1, Ramanathapuram.

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2.Do through The Chief Judicial Magistrate, Ramanathapuram.

3.The Inspector of Police, Devipattinam Police Station,Ramanathapuram District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. ORDER IN CRL OP(MD) No.6994 of 2025 Date :08/05/2025 PP/23.05.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5