Ramesh 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 Ramesh ... Petitioner / A-2 Vs The State of Tamil Nadu represented by the Inspector of Police, Thuraiyur Police Station, Trichy District.

Crime No.310 of 2025) ... Respondent / Complainant For Petitioner : Mr.Sathyachidambaram For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Cr.No.310 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.2, 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 and Minerals (Development and Regulation) Act, 1957 in Crime No.310 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 02.05.2025, based on the information given by the jurisdictional Tahsildar, the defacto complaiant went to the occurrence spot and he found that the vehicle bearing Registration No.TN-75-AB-3555 was being loaded with washing sand, without any license or permission. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He, however, would submit that the petitioner is ready to abide by any conditions to be imposed by this Court and the petitioner is willing to deposit some amount to the Green Committee, Trichy District. He therefore prays for grant of anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner has illegally transported four units of washing sand by using a Tipper lorry lorry bearing Registration No. TN-75AB-3555 without any valid license or permission. He would further submit that there is one previous case pending against the petitioner. Accordingly, he prays to dismiss this Criminal Original Petition.

5. Considering the facts and circumstances of the case and also considering the quantity of minerals involved, 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 Judicial Magistrate, Thuraiyur, Trichy 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: 3/6

[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 pay a sum of Rs.2,000/- (Rupees Two Thousand only) in favour of the District Green Committee, Trichy District, without prejudice to his rights and contentions before the trial Court and produce the receipt / acknowledgment before the learned Judicial Magistrate, Thuraiyur, Tirchy District. [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]. 4/6

[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.

JBR TO

1. THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY DISTRICT.

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

3. THE INSPECTOR OF POLICE, THURAIYUR POLICE STATION, TRICHY DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE THE DISTRICT GREEN COMMITTEE, TRICHY DISTRICT.

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ORDER

IN CRL OP(MD) No.8470 of 2025 Date :08/05/2025 HPS/29.05.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6