Gurunathan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/04/2025 PRESENT The HONOURABLE MR. JUSTICE R. SAKTHIVEL Gurunathan ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Palayanur Police Station, Sivagangai District.

(Crime No.37 of 2025).

... Respondent/Complainant For Petitioner : Mr.N.Madhava Govindhan, 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.37 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 23.04.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner / accused No.1, apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 303(2) of BNS, 2023 and 21(1) of 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 based on the secret information, on 20.04.2025, when the respondent-Police were on patrol duty, they found that the two accused persons were illegally excavating and transporting 1⁄2 unit of river sand by using a Tractor bearing Regn.No.TN 63 BE 1885 belongs to petitioner herein and on seeing the Police driver had fled away from the scene of occurrence. However, A2 apprehended by the police. Hence, the case.

4. Mr.N.Madhava Govindan, the learned counsel 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. He therefore prays for grant of pre-arrest bail to the 2/6

petitioner.

5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Crl. Side) appearing for the respondent-police, submits that the petitioner herein is the owner of the vehicle and that there is no previous case pending against the petitioner. He further submits that the investigation of the case is still pending and, thereafter, at this stage of investigation, if pre-arrest bail is granted to the petitioner, he may cause threat to the witnesses and commit the similar offence. Accordingly, he prays to dismiss this Criminal Original Petition.

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

7. In view of the offence alleged against the petitioner and quantity of river sand allegedly excavated and transported by the petitioner, this Court is of the view that custodial interrogation is not necessary in this case. The petitioner has permanent residence and deep roots in the society and therefore, there is less possibility for absconding. Considering the same, and also considering the facts and circumstances of the case and also considering the fact that both the vehicle and sand were seized from the accused persons, and taking note of the fact that there is no previous case pending against the petitioner, 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. 3/6

(i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Thirubuvanam, Sivagangai District within a period of 15 days from date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate, Thirubuvanam, Sivagangai District.

(ii) 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, Thirubuvanam, Sivagangai District, shall obtain a copy of any one of identity proofs to ensure their identity. (iii) The petitioner shall appear and sign before the respondent - police daily at 10.00 am until further orders;

(iv) The petitioner shall make himself available for interrogation by a police officer as and when required.

(v) 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. 4/6

(vi) The petitioner shall not leave India without the prior permission of the Court.

(vii) The petitioner shall not directly or indirectly cause any threat to the witness and tamper with the evidence.

(viii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Thirubuvanam, Sivagangai District. (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Thirubuvanam, Sivagangai District, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him 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/- 25/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TRP TO

1. The Judicial Magistrate, Thirubuvanam, Sivagangai District

2. Do-Through The Chief Judicial Magistrate, Sivagangai District.

3. The Inspector of Police, Palayanur Police Station, Sivagangai District.

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

+1 CC to M/s.M.MADHAVA GOVINDAN, Advocate ( SR-4769[I] dated 25/04/2025 )

ORDER

IN CRL OP(MD) No.7630 of 2025 Date :25/04/2025 HPS/28.05.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6