Palanichamy @ Manimaran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.05.2025 PRESENT The HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Palanichamy @ Manimaran 2.Sasikumar 3.Thirumurugan 4.Prakasam 5.Ramar 6.Rajkumar 7.Karthick @ Karthikaivel ... Petitioners/ Accused Nos.4 to 10 Vs The State represented by The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

(Crime No.29 of 2025) ... Respondent/ Complainant For Petitioners :

Mr.A.Karthigaivel For Respondent :

Mr.M.Karunanithi Government Advocate (Crl Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.29 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / Accused Nos.4 to 10, who apprehend arrest at the hands of 1/4

the respondent police for the offences punishable under Sections 189(1), 303(1), 296 (b), 221 and 351(2) of BNS, 2023 in Crime No.29 of 2025, seek anticipatory bail. 2.The case of the prosecution is that the petitioners join hands with other accused and cut down Prosopis Juli Fora (Seemai Karuvelam) trees which were grown in the water body, without any proper approval from the Government officials. The said act was objected by the Village Administrative Officer and other villagers, and criminally incriminated the officials. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the villagers were cut down some trees for improving the water capacity of the lake and they have not committed any illegal offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent Police reported that three persons were arrested in this regard and they were also released on bail.

5.Considering the facts and circumstances of the case and also considering the fact that the arrested persons were released on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen 2/4

days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Thiruchuli, Virudhunagar District, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/-(Rupees Fifteen Thousand only)each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 am for fifteen (15) days;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 3/4

(f)if the accused thereafter abscond, a fresh FIR can be registered under 269 of BNS 2023.

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.

mga TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUCHULI, VIRUDHUNAGAR DISTRICT.

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

3 THE SUB INSPECTOR OF POLICE, A.MUKKULAM POLICE STATION, VIRUDHUNGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.KARTHIGAIVEL, Advocate ( SR-5567[I] dated 15/05/2025 )

ORDER

IN CRL OP(MD) No.8652 of 2025 Date :14/05/2025 NBF/27.05.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4