Kannan 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 1.Kannan (*)2.Maheshwari Malathi ... Petitioners/ Accused Rank not known Vs The State represented by The Inspector of Police, Alangulam Police Station, Virudhunagar District.

(Crime No.66 of 2025) ... Respondent/ Complainant For Petitioners : M/s.S.Prabha For Respondent : Mr.B.Thangaaravindh Government Advocate (Crl.Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.66 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 303 (2) of BNS r/w Section 24(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.66 of 2025 , on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had illegally transported three units of gravel sand in a Tipper lorry bearing Registration No.TN-69-AE-9898. Hence, the complaint.

3. The learned Counsel for the petitioners would submit that the petitioners are innocent person and have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He therefore prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that A-2 is the driver of the lorry and one previous case of a similar nature is pending against him. 2/5

5. Considering the facts and circumstances of the case and also considering the quantity of minerals involved, this Court is inclined to enlarge the petitioners on anticipatory bail 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 learned Judicial Magistrate No.II, Sattur, Virudhunagar District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 report before the respondent Police daily at 10.30 a.m. until further orders.

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

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[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves 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 (*)Amended as per the order of this Court dated 11/06/2025 made in CRL MP(MD) No.7102 of 2025 in CRL OP(MD) No.8495 of 2025 Further, time is extended by two weeks from the date of receipt of a copy of this order / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

To be substituted to the order which is already despatched on 04/06/2025 JBR TO 1.THE JUDICIAL MAGISTRATE NO.II, SATTUR, VIRUDHUNAGAR DISTRICT 4/5

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

3.THE INSPECTOR OF POLICE, ALANGULAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.8495 of 2025 Date :08/05/2025 HPS/03.06.2025 /5P/5C HPS/24.06.2025 /5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5