Arumugavel v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Arumugavel ... Petitioner / Accused Rank Not Known Vs The State of Tamil Nadu rep. by The Inspector of Police, Kulathur Police Station, Thoothukudi District.

Crime No. 164 of 2025) ... Respondent / Complainant For Petitioner : Mr.Ramanujam for M/S.Gandhi Associates For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.164 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, 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) of the Mines 1/4

and Minerals (Development and Regulation) Act, 1957 in Crime No.164 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally transported eight units of sea sand. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the co-accused A-1 has already been granted bail. He therefore prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that no previous case is pending against the petitioner.

5. Considering the fact that there are no previous cases pending against the petitioner and also considering the fact that Accused No.1 has already been enlarged on bail, this Court is inclined to enlarge the petitioner on anticipatory bail 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 learned District Munisif cum Judicial Magistrate Court, Vilathikulam, on condition that the petitioner shall 2/4

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 10.30 a.m. until further orders.

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

[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]. 3/4

[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.

jbr TO

1. The District Munisif cum Judicial Magistrate, Vilathikulam.

2. Do through The Chief Judicial Magistrate, Thoothukudi District.

3. The Inspector of Police, Kulathur Police Station, Thoothukudi District.

4. The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.M/S.GANDHI ASSOCIATES, Advocate ( SR-5477[I] dated 09/05/2025 ) ORDER IN CRL OP(MD) No.8433 of 2025 Date :08/05/2025 PP/22.05.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4