Prasanth Alias Periya Prasanth 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 1.Prasanth @ Periya Prasanth 2.Rakeswaran ... Petitioners Vs State of TamilNadu rep. by The Inspector of Police, Kattuputhur Police Station, Trichy District.

(Crime No.155 of 2025) ... Respondent For Petitioner : Mr.K.Arunraj For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.155 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 & 3, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 303 (2) BNS r/w Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.155 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 03.05.2025, the Village Administrative Officer, Nagaiyanallur Village was conducted vehicle checkup nearby Anaikkalpatti bridge and they found that the petitioners were illegally transported 1⁄2 unit of river sand without having any valid license or permit. Hence the complaint.

3. The learned Counsel for the petitioners would submit that the petitioners were not involved in any of the offences as alleged by the prosecution. The petitioners are innocents and they are falsely implicated in this case. He further submits that the petitioners are ready to abide by any conditions to be imposed by this Court. He further submits that the petitioners are willing to deposit some amount to the Green Committee, Trichy District. He therefore prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.side) would submit that the 2/6

petitioners were illegally transported 1⁄2 unit of river sand without having any valid license or permit. There are two similar kind of cases are pending against the first petitioner and there are four similar kind of cases are pending against the second petitioner. All the pending cases are similar in nature. Moreover, both the petitioners are history-sheeters. Accordingly, he prays to dismiss this Criminal Original Petition.

5. Considering the nature of the allegations and considering the fact that there are some similar kind of previous cases pending against the petitioners, however, considering the undertaking given by the petitioners that they are willing to deposit some amount to the Green Committee, Trichy District and with a view to give one more opportunity to reform themselves, this Court is inclined to grant an order of anticipatory bail to the petitioners with certain conditions:

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the District Munsif cum Judicial Magistrate, Thottiyam, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each 3/6

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 petitioners 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. [b] The petitioners shall pay a sum of Rs.2000/- (Rupees Two Thousand only) each in favour of the District Green Committee, Trichy District, without prejudice to their rights and contentions before the trial Court and produce the receipt / acknowledgment before the learned District Munsif cum Judicial Magistrate, Thottiyam.

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

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

[e] the petitioners shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial 4/6

Court is entitled to take appropriate action against the petitioners 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 abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 08/05/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN 5/6

TO 1.The District Munsif cum Judicial Magistrate, Thottiyam.

2.The chief judicial magistrate trichy.

3.The officer incharge, the district green committee, trichy.

4.The Inspector of Police, Kattuputhur Police Station, Trichy District.

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

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-5419[I] dated 09/05/2025 )

ORDER

IN CRL OP(MD) No.8431 of 2025 Date :08/05/2025 PR/15.07 .2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6