Ananth 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.Ananth 2.Kaleeswaran ... Petitioners/ Accused Nos.4 & 5 Vs The State of Tamil Nadu represented by The Inspector of Police, Emaneswaram Police Station, Ramanathapuram District.

(Crime No.76 of 2025) ... Respondent/ Complainant For Petitioners : Mr.S.Muniyandi 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.76 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / Accused No.4 & 5, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 303 (2) of BNS and 1/4

Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.76 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners had illegally transported five bags of river sand without any valid license. 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 there is one previous case pending against the first petitioner, who is arrayed as A-3 and the second petitioner, who is arrayed as A-4.

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, Paramakudi, on condition that the petitioner shall execute a bond for a sum of 2/4

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. [c] the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

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

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail 3/4

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]. [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, Paramakudi.

2. Do through The Chief Judicial Magistrate, Ramanathapuram. 3.The Inspector of Police, Emaneswaram Police Station, Ramanathapuram District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.S.MUNIYANDI, Advocate ( SR-5330[I] dated 08/05/2025 ) ORDER IN CRL OP(MD) No.8545 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