Shanmugakumar 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 Shanmugakumar ... Petitioner Vs The State of Tamilnadu The Inspector of Police, Thirumayam Police Station, Pudukottai District.

Crime No.61 of 2025 ... Respondent For Petitioner : Mr.A.Shajahan 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.61 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 303 (2) of BNS r/w Section 21(1) and 21(2) of the Mines and Minerals (Development and Regulation) 1/5

Act, 1957 in Crime No.61 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 03.05.2025, the respondent police conducted a vehicle checkup, at that time he petitioner illegally transported 16.5.metric ton of white manufacture sand without having any valid license or permit. Hence the complaint.

3. The learned Counsel for the petitioner would submit that the purchased the white manufacture sand from crusher, the crusher also issued a transit pass. The petitioner was not involved in any of the offences as alleged by the prosecution. The petitioner is a innocent and he is falsely implicated in this case. He further 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, Pudukottai District. He therefore prays for grant of anticipatory bail to the petitioners.

4. The learned The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner illegally transported 16.5 Metric ton white manufacture sand without having any valid license. The petitioner having one previous case, which is similar in nature. Accordingly, he prays to dismiss this Criminal Original Petition.

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5. Considering the nature of the allegations, the petitioner is having one previous case, which is similar in nature, however, considering the undertaking given by the petitioner that he is willing to deposit some amount to the Green Committee, Pudukottai District and with a view to give one more opportunity to reform himself , this Court is inclined to grant an order of 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, Thirumayam, 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 pay a sum of Rs.2000/- (Rupees Two Thousand only) in favour of the District Green Committee, Pudukottai District, without prejudice to 3/5

his rights and contentions before the trial Court and produce the receipt / acknowledgment before the learned Judicial Magistrate Court, Thirumayam. [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.

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TO 1.The Judicial Magistrate Court, Thirumayam 2.Do through the Chief Judicial Magistrate, Pudukottai. 3.The Inspector of Police,Thirumayam Police Station,Pudukottai District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.A.SHAJAHAN, Advocate ( SR-5339[I] dated 08/05/2025 ) ORDER IN CRL OP(MD) No.8417 of 2025 Date :08/05/2025 PP/22.05.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5