Jeyakannan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Jeyakannan ... Petitioner/ Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thenkarai Police Station, Theni District.

(Crime No.134 of 2025).

... Respondent/Complainant For Petitioner : Mr.Y.Athiveera Pandiyan, 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.134 of 2024 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 24.04.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner / Sole Accused apprehends arrest at the hands of the respondent-police for the alleged offences punishable under Section 303(2) of BNS, 2023 and 24 of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.134 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 23.03.2025 at about 5.00 am, when the defacto complainant was on vehicle check up, they found that the petitioner herein was illegally transporting 3 units of M-Sand without any valid permit by using a Tractor bearing Regn.No.TN 60 BX 0551. Hence, the case.

4. Mr.Y. Athiveera Pandiyan, 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 any conditions to be imposed 2/6

by this Court. He therefore prays for grant of pre-arrest bail to the petitioner.

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

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

7. Considering the facts and circumstances of the case and also considering the fact that already the respondent - Police seized the vehicle and minerals, this Court is of the view that custodial interrogation of the petitioner 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 above and also considering the nature of offence allegedly committed by the petitioner and with a view to give an opportunity 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 bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Periyakulam 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, Periyakulam. (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, Periyakulam, shall obtain a copy of any one identity proof of each surety to ensure their identity. (iii) The petitioner shall appear and sign before the respondent - police weekly twice i.e., on every Sunday and Monday at 10.00 am until further orders. (iv) The petitioner shall make himself available for interrogation by police 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 them from disclosing such facts to the Court or to any police officer. (vi) The petitioner shall not leave India without prior permission of the Court. 4/6

(vii) The petitioner shall not directly or indirectly cause any threat to the defacto complainant and tamper with the evidence. (viii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Periyakulam. (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Periyakulam or the Trial Judge as the case may be is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them 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/- 28/04/2025 // True Copy // /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.

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TO

1. The Judicial Magistrate, Periyakulam

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

3. The Inspector of Police, Thenkarai Police Station, Theni District.

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

+1 CC to M/s.Y.ATHIVEERA PANDIYAN, Advocate ( SR-4905[I] dated 28/04/2025 ) CRL OP(MD) No.7838 of 2025 Date : 28/04/2025 KVL/26.05.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6