Vasudevan v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14-05-2025 PRESENT THE HON`BLE MR.JUSTICE K. RAJASEKAR Vasudevan ... Petitioner / Accused No.3 Vs State of Tamilnadu, represented by the Inspector of Police, Vallam Police Station, Thanjavur District.
(Crime No.187 of 2025) ... Respondent/Complainant For Petitioner : Mr.V.Karuna For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS Act PRAYER :- For Bail in Crime No.187 of 2025 on the file of the Respondent police. 1/5
ORDER : The Court made the following order :- The petitioner/Accused No.3, who was arrested and remanded to judicial custody on 03.05.2025 for the offences punishable under Sections 303(2) of BNS Act read with Section 21(1) of Mines and Minerals Development Regulation Act in Crime No.187 of 2025 on the file of the respondent police, seeks bail. 2.The allegation against the petitioner is that on 03.05.2025, when the respondent-police were at regular vehicle check up at Vallam Min Nagar, they intercepted the petitioner's vehicle bearing Registration No.TN-49-CH-1622 loading two units of M-sand without valid transit permit. Hence, the complaint.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and is languishing in jail from 03.05.2025. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is the driver of the alleged vehicle. The learned Additional Public Prosecutor fairly submits that the petitioner has no previous case 2/5
pending against him. However, he strongly opposed for granting bail to the petitioner.
5.Considering the facts and circumstances of the case and also considering the fact that the petitioner has no previous case pending against him, this Court is inclined to grant bail to the petitioner on certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.15,000/- (Fifteen Thousand Rupees only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks;
(iii)the petitioner shall not tamper with evidence or witness; 3/5
iv)the petitioner shall not abscond during trial. v)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 petitioner 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]. sd/- 14/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
abr/pnn To 1.THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.
4/5
2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.
3.THE OFFICER INCHARGE , SUB JAIL, THANJAVUR.
4.THE INSPECTOR OF POLICE, VALLAM POLICE STATION, THANJAVUR DISTRICT.
(CRIME NO.187 OF 2025) 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8615 of 2025 Date :14/05/2025 VN/15.05.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5