Balraj 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 Balraj ... Petitioner Vs State rep. by The Inspector of Police, Illuppur Police Station, Pudukottai District.

(Crime No.78 of 2025) ... Respondent For Petitioner : Mr.B.Mahendran 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.78 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 303(2) of IPC and 21(1), 21(2) of Mines and Minerals (Development & Regulation) Act, 1957 in Cr.No.78 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that On 25.04.2025, based on the secrete information, the respondent police had conducted surprise visit and the officials were found that the petitioner was involved in illegal transportation of 1⁄2 unit of gravel sand by using tipper lorry. Hence the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner did not involved in any of the offences as alleged by the prosecution. The petitioner is an innocent and he is falsely implicated in this case. There is no previous case against the petitioner. The petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner was illegally transport 1/2unit of gravel sand without having any valid license or permit. There is no previous case as against the petitioner. However, he prays to dismiss this Criminal Original Petition. 2/5

5. Considering the nature of the allegations and considering the quantity of river sand allegedly excavated and transported by the petitioner and considering the fact that there is no previous case as against the petitioner, 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, Illuppur, Pudukottai District, 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 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 petitioner shall report before the respondent Police daily at 10.30a.m. until further orders.

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

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

GVN TO 1.THE JUDICIAL MAGISTRATE, ILLUPPUR, PUDUKOTTAI DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, ILLUPPUR POLICE STATION, 4/5

PUDUKOTTAI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8398 of 2025 Date :08/05/2025 HPS/29.05.2025 /5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5